FONZARELLI PRIVACY POLICY
1 PURPOSE OF OUR POLICY
1.1 Fonzarelli Bikes ABN 69 146 454 113 (we, us or our) has adopted this Privacy Policy to ensure that we have standards in place to protect the Personal Information that we collect about individuals that is necessary and incidental to:
(a)Providing the system and services that we offer; and
(b) The normal day-to-day operations of our business.
1.2 This Privacy Policy follows the standards ofthe Australian Privacy Principles set by the Australian Government for the handling of Personal Information under the PrivacyAct 1988 (Cth) (Privacy Act).
1.3 By publishing this Privacy Policy we aim tomake it easy for our customers and the public to understand what PersonalInformation we collect and store, why we do so, how we receive and/or obtainthat information, and the rights an individual has with respect to their PersonalInformation in our possession.
2 WHO AND WHAT THIS POLICY APPLIES TO2.1 Our Privacy Policy deals with how we handle“personal information” as it is defined in the Privacy Act (Personal Information).
2.2 We handle Personal Information in our ownright and also for and on behalf of our customers and users.
2.3 Our Privacy Policy does not apply toinformation we collect about businesses or companies, however it does apply toinformation about the people in those businesses or companies that we store.
2.4 The Privacy Policy applies to all forms ofinformation, physical and digital, whether collected or stored electronicallyor in hardcopy.
2.5 If, at any time, an individual providesPersonal Information or other information about someone other than himself orherself, the individual warrants that they have that person's consent toprovide such information for the purpose specified.2.6 Our website and services are unavailable tochildren (persons under the age of 18 years) without their parent or legalguardian’s consent.
3 THE INFORMATION WE COLLECT
3.1 In the course of business it is necessaryfor us to collect Personal Information. This information allows us to identifywho an individual is for the purposes of our business, share PersonalInformation when asked of us, contact the individual in the ordinary course ofbusiness and transact with the individual. Without limitation, the type of information we may collect is:
(a) PersonalInformation. We may collect personaldetails such as an individual’s name, location, date of birth, nationality, familydetails and other information defined as “Personal Information” in the PrivacyAct that allows us to identify who the individual is;
(b) ContactInformation. We may collectinformation such as an individual’s email address, telephone & fax number,third-party usernames, residential, business and postal address and otherinformation that allows us to contact the individual;
(c) FinancialInformation. We may collectfinancial information related to an individual such as any bank or credit carddetails used to transact with us and other information that allows us to transactwith the individual and/or provide them with our services;
(d) Statistical Information. We may collectinformation about an individual’s online and offline preferences, habits,movements, trends, decisions, associations, memberships, finances, purchasesand other information for statistical purposes; and
(e) Informationan individual sends us. We maycollect any personal correspondence that an individual sends us, or that issent to us by others about the individual’s activities.
3.2 We may collect other Personal Informationabout an individual, which we will maintain in accordance with this PrivacyPolicy.
3.3 We may also collect non-Personal Informationabout an individual such as information regarding their computer, network andbrowser. This may include their IPaddress. Where non-Personal Information is collected the Australian PrivacyPrinciples do not apply.
4 HOW INFORMATION IS COLLECTED
4.1 Most information will be collected in association with an individual’s use of Fonzarelli, an enquiry about Fonzarelli or generally dealing with us. However wemay also receive Personal Information from sources such as advertising, anindividual’s own promotions, public records, mailing lists, contractors, staff,recruitment agencies and our business partners. In particular, information is likely to be collected as follows:
(a) Registrations/Subscriptions. When an individual registers or subscribesfor a service, account, connection or other process whereby they enter PersonalInformation details in order to receive or access something, including atransaction;
(b) Sharingwith other Users. When an individualprovides Personal Information to other users of the website or service;
(c) Supply. When an individual supplies us withgoods or services;
(d) Contact. When an individual contacts us in any way;
(e) Access. When an individual accesses usphysically we may require them to provide us with details for us to permit themsuch access. When an individual accessesus through the internet we may collect information using cookies (if relevant –an individual can adjust their browser’s setting to accept or reject cookies)or analytical services; and/or
(f) PixelTags. Pixel tags enable us to send email messages in a format customers canread and they tell us whether mail has been opened.
4.2 As there are many circumstances in which wemay collect information both electronically and physically, we will endeavourto ensure that an individual is always aware of when their Personal Informationis being collected.
4.3 Where we obtain Personal Information withoutan individual’s knowledge (such as by accidental acquisition from a client) wewill either delete/destroy the information, or inform the individual that wehold such information, in accordance with the Australian Privacy Principles.
5 WHEN PERSONAL INFORMATION IS USED &DISCLOSED
5.1 In general, the primary principle is that wewill not use any Personal Information other than for the purpose for which itwas collected other than with the individual’s permission. The purpose of collection is determined bythe circumstances in which the information was collected and/or submitted.
5.2 We will retain Personal Information for theperiod necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.
5.3 If it is necessary for us to disclose an individual’s Personal Information to third parties in a manner compliant with the Australian Privacy Principles in the course of our business, we will inform you that we intend to do so, or have done so, as soon as practical.
5.4 We will not disclose or sell an individual’sPersonal Information to unrelated third parties under any circumstances.
5.5 Information is used to enable us to operateour business, especially as it relates to an individual. This may include:
(a) The provision of goods and services between anindividual and us;
(b) Verifying an individual’s identity;
(c) Communicating with an individual about:
i Their relationship with us;
ii Our goods and services;
iii Our own marketing and promotions tocustomers and prospects;
iv Offers from our partners to our customers;
v Competitions, surveys and questionnaires;
(d) Investigating any complaints about or madeby an individual, or if we have reason to suspect that an individual is inbreach of any of our terms and conditions or that an individual is or has beenotherwise engaged in any unlawful activity; and/or
(e) As required or permitted by any law(including the Privacy Act).
5.6 There are some circumstances in which wemust disclose an individual’s information:(a) Where we reasonably believe that anindividual may be engaged in fraudulent, deceptive or unlawful activity that agovernmental authority should be made aware of;
(b) As required by any law (including thePrivacy Act); and/or
(c) In order to sell our business (in that wemay need to transfer Personal Information to a new owner).
5.7 We will not disclose an individual’s PersonalInformation to any entity outside of Australia that is in a jurisdiction thatdoes not have a similar regime to the Australian Privacy Principles or an implementedand enforceable privacy policy similar to this Privacy Policy. We will takereasonable steps to ensure that any disclosure to an entity outside ofAustralia will not be made until that entity has agreed in writing with us tosafeguard Personal Information as we do.
5.8 We may utilise third-pay service providers(such as Gmail from Google, Inc., and MailChimp from The Rocket Science GroupLLC) to communicate with an individual and to store contact details about anindividual. These service providers are located in the United States of America.
6 OPTING “IN” OR “OUT”
6.1 An individual may opt to not have us collecttheir Personal Information. This mayprevent us from offering them some or all of our services and may terminatetheir access to some or all of the services they access with or through us. They will be aware of this when:
(a) OptIn. Where relevant, the individualwill have the right to choose to have information collected and/or receiveinformation from us; or
(b) OptOut. Where relevant, the individualwill have the right to choose to exclude himself or herself from some or allcollection of information and/or receiving information from us.
6.2 If an individual believes that they havereceived information from us that they did not opt in or out to receive, theyshould contact us on the details below.
7 THE SAFETY & SECURITY OF PERSONALINFORMATION
7.1 We may appoint a Privacy Officer to oversee the management of this Privacy Policy and compliance with the AustralianPrivacy Principles and the Privacy Act. This officer may have other duties within our business and also beassisted by internal and external professionals and advisors.
7.2 We will take all reasonable precautions toprotect an individual’s Personal Information from unauthorised access. This includes appropriately securing ourphysical facilities and electronic networks.
7.3 Fonzarelli uses SSL encryption to store andtransfer Personal Information. Despite this, the security of onlinetransactions and the security of communications sent by electronic means or bypost cannot be guaranteed. Each individualthat provides information to us via the internet, over the phone or by postdoes so at their own risk. We cannotaccept responsibility for misuse or loss of, or unauthorised access to,Personal Information where the security of information is not within ourcontrol.
7.4 We are not responsible for the privacy orsecurity practices of any third party (including third parties that we are permittedto disclose an individual’s Personal Information to in accordance with thispolicy or any applicable laws). Thecollection and use of an individual’s information by such third parties may besubject to separate privacy and security policies.
7.5 If an individual suspects any misuse or lossof, or unauthorised access to, their Personal Information, they should let usknow immediately.
7.6 We are not liable for any loss, damage orclaim arising out of another person’s use of the Personal Information where wewere authorised to provide that person with the Personal Information.
8 HOW TO ACCESS AND/OR UPDATE INFORMATION
8.1 Users of Fonzarelli can update their PersonalInformation from within their Fonzarelli account or profile.
8.2 Subject to the Australian PrivacyPrinciples, an individual has the right to request from us the PersonalInformation that we have about them, and we have an obligation to provide themwith such information within 28 days of receiving their written request.
8.3 If an individual cannot update its own information, we will correct any errors in the Personal Information we holdabout an individual within 7 days of receiving written notice from them aboutthose errors.
8.4 It is an individual’s responsibility toprovide us with accurate and truthful Personal Information. We cannot be liablefor any information that is provided to us that is incorrect.
8.5 We may charge an individual a reasonable feefor our costs incurred in meeting any of their requests to disclose the PersonalInformation we hold about them.
9 COMPLAINTS AND DISPUTES
9.1 If an individual has a complaint about ourhandling of their Personal Information, they should address their complaint inwriting to the details below.
9.2 If we have a dispute regarding an individual’sPersonal Information, we both must first attempt to resolve the issue directly between us.
9.3 If we become aware of any unauthorised access to an individual’s Personal Information we will inform them at the earliest practical opportunity once we have established what was accessed and how it was accessed.
10 Contacting INDIVIDUALS
10.1 From time to time, we may send an individual important notices, such as changes to our terms, conditions and policies.Because this information is important to the individual’s interaction with us, they may not opt out of receiving these communications.
11 CONTACTING US
11.1 All correspondence with regards to privacy should be addressed to:
The Privacy Officer Fonzarelli Bikes hq@fonzarelli.co You may contact the Privacy Officer by email in the first instance.
12 ADDITIONS TO THIS POLICY
12.1 If we decide to change this Privacy Policy, we will post the changes on our webpage at www.fonzarelli.co. Please refer back to this Privacy Policy to review any amendments.
12.2 We may do things in addition to what is stated in this Privacy Policy to comply with the Australian Privacy Principles, and nothing in this Privacy Policy shall deem us to have not complied with theAustralian Privacy Principles.
