PRIVACY AND COLLECTION NOTICE

FISHER & PAYKEL APPLIANCES CANADA INC PRIVACY POLICY

Last updated October 26, 2021.

Our Privacy Philosophy

We value the trust that you have placed in our organization and are committed to prioritizing your privacy. This Privacy Policy is our way of making sure you are informed and affirms our commitment to maintaining the accuracy, confidentiality, and security of personal information.

Fisher & Paykel Appliances Canada Inc. ("FPA") takes the privacy of personal information seriously and is committed to giving effect to relevant privacy legislation and wants you to be familiar with how we collect, use, disclose and protect any personal information you provide to us. This Privacy Policy describes our practices in connection with information that we collect through websites operated by us (from which you are accessing this Privacy Policy), call centres operated by us (where you will be referred to this Privacy Policy on our websites), the software applications made available by us (for use on or through computers and mobile devices), or social media pages that we control (from which you are accessing this Privacy Policy), as well as through HTML-formatted email messages that we send to you (that link to this Privacy Policy) (all collectively referred to as the "Services"). By using the Services, you agree to this Privacy Policy.

We kindly request that you read this Privacy Policy carefully to understand our practices in relation to your personal data. FPA is responsible for the collection, use and disclosure of your personal information. Contact details for FPA can be found under the "Contact Us" section of this Privacy Policy.

Our Policy

In this Policy “we” or “us” refers to FPA. All services mentioned are services and interactions provided by FPA.

You” refers to anyone who visits our website(s), and anyone who engages with our Services.

FPA collects general and anonymous statistical information when you browse through our websites, software applications and social media pages. This information does not identify you personally, but is simply used to enable us to evaluate the performance of these platforms, allow us to assess statistical information on the overall experience of visitors to them and improve our advertising campaigns. If we combine or connect this general and statistical information with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.

We also use the personal information you have provided to us to communicate with you and safeguard your interests. We will send you important notices, and respond to any special needs or enquiries you may have. We may also send you information about products and services that we believe may be of interest or value. We only use personal information for the purposes that we have disclosed to you or is otherwise permitted or required by law.

For the purposes of this Policy, “personal information” means information that can identify an individual directly or is information about an identifiable individual. This does not include business contact information that is used for the purpose of communicating or facilitating communication with such individual in relation to their employment, business, or profession.

Obtaining Your Consent

By providing personal information to FPA, using our website or engaging with our social media, you are consenting to our use, collection and disclosure of your personal information in accordance with the terms of the Policy. Providing personal information or authorizing a third party to disclose personal information to us signifies your consent to FPA’s collection, use and disclosure of personal information in accordance with this Policy.

You have the right to withdraw your consent from us collecting and using your personal information in particular ways, but this may limit our ability to provide you with some of our products or services.

Types of Information Collected And How It Is Collected

The type of personal information we may ask for depends on and is related to the reason (or purpose) such personal information was provided to us. If you do not provide the information when requested, certain goods or services may not be available to you. The type of information that may be collected includes but is not limited to:

  • Contact information: including your name, mailing address, email address, telephone number.
  • Payment information: including your credit or debit card details, bank account information, payment, or other financial information required to process transactions.
  • Computer information: this includes information like device type, device identifier, IP address, MAC address, location, browser type, operating system, duration of use, user behaviour, length of time spent on the services, and frequency of use.
  • Product Purchase and Registration: when you register a product, or purchase a product, through one of our Services or by contacting FPA, we will collect and process the information that you provide. In particular, we may ask you to provide your name, address, phone number, email address, and your product’s model number, serial number, purchase date and purchase store. You are required to provide this information so that your product can be registered or purchased. The information will also allow us to quickly and easily identify you when contacted with any issues, inform you of any appliance safety information or communicate with you for marketing purposes or otherwise.
  • Customer Service and Support: if you schedule a service call, make a consumer enquiry, report a problem with our Services or email us through the "Contact Us" link on any of our Services, we may ask you to provide your name, address, phone number, email address, and your product’s model number and serial number so that we can schedule your service call or respond to your questions and comments. We may also keep a record of any correspondence between us.
  • Transaction Information: if you purchase a product or service from FPA, we may collect details of transactions that are carried out through one of our Services and of the fulfilment of your orders. In addition to your name, email or physical address and contact number, this may include details about payments to and from you.
  • Promotional Activities: if you choose to participate in our promotional activities, such as rebates, contests and other similar promotions, we may collect your name, email address, physical address and contact number to administer your participation and/or communicate with you in future in relation to the promotion or for marketing purposes. Some promotions will have additional rules containing information about how we use and disclose your personal information.
  • Applications & Other Online Activities: we may collect information through software applications made available by us or when you otherwise use our online Services or platforms. We may collect information typically gathered though websites and applications, such as browser and device information, application usage data, information collected though cookies, pixel tags and other technologies, and IP addresses (refer to the section on Cookies below).
  • Questionnaires and Surveys: we occasionally ask visitors to our website and other consumers to complete online surveys and opinion polls about their activities and interests to help us improve the usefulness of our Services, products or improve our customer service. We may ask you to provide your name, physical address, email address and/or phone number. Online surveys and polls may be carried out by a third party on our behalf, but they are always voluntary and you do not need to respond to them.
  • Product Review: you may be provided with the opportunity to review a product or service and if you choose to review a product or service, we may collect the information you provide to us in relation to the product or service review that you submit. We may ask you to provide your name, residential address, email address and details of the product or service you are reviewing. We do not display any personal information you provide in connection with a FPA product review, without your specific agreement. If you do agree, your name and where you reside, along with your review, may be made available online for viewing by the general public. Online reviews are voluntary and you do not need to provide them.
  • Location Information: if you use any location-enabled products, you may be sending us location information. FPA does not store or use this information other than to provide the service you requested. For example, a mobile product may use GPS data to find a nearby FPA experience centre or retailer selling FPA products. Location-enabled features are opt-in and you have control over your participation and can turn these services off at any time by changing the settings on your device.

Personal information may be collected in a number of ways, including: in person, by email, by mail, by fax, our Website, our applications or other software, telephone, and from third parties whom you have authorized to disclose personal information to us or who are otherwise permitted or required at law to disclose to us. We may receive personal information about you from publically and commercially available sources (like public databases and our joint marketing partners) and other partners or third parties (provided it is permitted by, and in compliance with, applicable laws). We may need to use the information because it is necessary for our legitimate interests or because we need it to provide the requested goods or services to you.

We may collect personal information (similar to the personal information outlined above) from you offline. For example when you visit one of our distribution networks (including retailers) or attend a trade show or event we are represented at. In this case, we will collect such personal information as you choose to provide us.

If you believe that a third party has inappropriately disclosed your personal information to us, please contact that third party. If they do not adequately respond to your inquiries, please let us know immediately.

Please do not send us, or disclose, any sensitive data (e.g. information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Services or otherwise to us.

Why We Collect Your Information and How Do We Use It

At FPA, we collect and use personal information for the following purposes:

  • Providing services and management ‐ maintaining and improving our services, including managing risks and operations, processing information with consent, and otherwise running and managing our business in the ordinary course
  • Communication ‐ newsletters or other communications to which you have subscribed or may be interested
  • Regulatory requirements ‐ complying with laws governing and/or regulating FPA
  • Business development and market research ‐ we use data to understand demographics, interests, usage patterns, and other characteristics to understand trends and patterns and what services to offer
  • Marketing and advertising ‐ administering surveys, contests, competitions, draws, and raffles, offering tailored content, and promotional materials
  • Support services ‐ assisting you when you contact our support services, including to direct your questions to appropriate individuals, investigate and address any of your concerns, contact you with a service notification for your registered appliance or provide you with other notices about the safety of your appliance regardless of your stated privacy preference, and to improve and monitor our support responses
  • To process, evaluate and respond to your requests, inquiries and applications
  • To personalize your experience on the services by presenting products and offers tailored to you
  • To verify your identity to ensure security for the other purposes listed here
  • To operate, evaluate and improve our business (including developing new products and services, assessing the effectiveness of our services, advertising and marketing approaches [including defining groups of audiences for marketing purposes and creating aggregate/de identified data sets that do not identify an individual] and how to improve these, managing communications and carrying out our various accounting, auditing, billing, reconciliation and collection activities)
  • Fraud Prevention ‐ to protect against and prevent fraud, unauthorized transactions, claims and other liabilities and manage risk exposure and quality
  • To conduct investigations, comply with and enforce applicable legal requirements, industry standards and our policies and terms, such as this and other FPA services’ terms of use
  • Safety ‐ to ensure the safety of FPA services, products, information resources and employees

a) Follow-Up, Surveys, and Customer Research

We may use contact information collected in-person, online, or via our call centres to conduct occasional surveys and other customer research. These surveys are entirely voluntary and you may easily decline to participate. The information obtained through our surveys and research is used to help us understand your interests, to enhance our service offerings, and for promotions and events.

b) Online Accounts

To engage in certain special features or functions of our Websites, or to order products and services from our Websites (as available), you may be asked to provide certain personal information, such as your name, email address, postal address, telephone number, or payment card information. We use this information to create your account, process your payment, contact and correspond with you about your order, respond to your inquiries, and monitor functions of our Websites that you choose to use, such as Customer Reviews. We rely on you to ensure that you have obtained all necessary consents to provide this information to us.

c) Newsletters or Updates

FPA offers a variety of newsletters and promotional communications. If you sign-up or are subscribed for our newsletter or other promotional communications, we will send you communications that may be tailored based on your interests, preferences and behaviour. You may choose to stop receiving these communications at any time. Each marketing or promotional message we send to you will include a link or other method to quickly and easily unsubscribe and decline further similar messages. You may also use the unsubscribe link included below under the heading "Unsubscribe.”. Please note that even if you unsubscribe from receiving our promotional communications, you may continue to receive certain transactional or account-related communications from us. Our subscriber list is not sold or rented to other parties.

d) Participate in a Contest, Competition or Promotion

From time to time, we may run contests, competitions or promotions. If you participate, you may be asked for contact information as well as additional optional survey information (for example, product preferences). Personal information from contest entries will be used to administer the contest and contact you if you win. For internal research and analysis purposes, we may also summarize contest survey information in an aggregated manner. All contests and promotions are subject to this Privacy Policy and the rules that will be available with each particular campaign. Some contests are conducted by third parties and will be subject to the third parties’ policies.

e) Call Centres & Live Chat

FPA operates customer support call centres and live chat to accept and address your questions, concerns, or complaints. When you contact our call centres or contact us through live chat, we may ask for personal information to help us respond to your inquiry or to verify your identity. For example if you have a question about the status of a recent online order, we will ask for personal information to verify that you are the account holder. We may also monitor or record your call or chat discussions with our customer support representatives for training purposes and to ensure service quality. If you do not want your call to be monitored and recorded, please let us know and we will provide you with an alternative means of communicating with us.

f) Collected Automatically

In some cases, we automatically collect certain information.

g) Our Websites

Our Websites can be browsed without you providing us with any personal information. However, when using our Websites, we may collect the Internet Protocol (IP) address of your computer, the IP address of your Internet Service Provider, the date and time you access our Websites, the Internet address of the Website from which you linked directly to our Website, the operating system you are using, the sections of the Website you visit, the Website pages read and images viewed, and the content you download from the Website. This information is used for Website and system administration purposes, to understand Website activity and to improve the Websites.

h) Cookies, Tracer Tags and Web Beacons

The Websites use "cookies", a tiny element of data that our Websites can send to your browser, which may then be stored on a Website user's computer to permit the Website to recognize future visits using that browser. Cookies enhance the convenience and use of the Website. For example, the information provided through cookies is used to recognize you as a previous user of the Website (so you do not have to enter your language preference every time), to offer personalized webpage content and information for your use, to track your activity at the Website, to respond to your needs, and to otherwise facilitate your Website experience. You may choose to decline cookies if your browser permits, but doing so may affect your use of the Website and your ability to access certain features of the Website or engage in transactions through the Website. Our Websites or email communications may also use a technology such as "tracer tags" or “Web Beacons”. This technology allows us to understand which areas of our emails you click on and our behaviour on our Websites, such as which pages you visit. These tracer tags are used to help us optimize and tailor our Website for you and other future visitors to our Website, and to help provide you with email content and ads tailored to your interests. To learn more about the cookies we use and what they do, please see the comprehensive list here.

i) Website Tracking Information

We may use web beacons or pixel tags to compile tracking information reports regarding Website user demographics, Website traffic patterns, and Website purchases. We may then provide these reports to advertisers and others. For our own research purposes we may link tracking information with personal information voluntarily provided to us. Once such a link is made, all of the linked information is treated as personal information and will be used and disclosed only in accordance with this Privacy Policy.

j) Interest-Based Advertising

We or third parties such as ad networks and other advertising companies may serve advertisements on our Websites and on other websites and social networking sites. We or those third parties may use cookies, tracer tags or web beacons to report certain information about your visits to our Websites and other websites, such as web pages you visit and your response to ads, in order to measure the effectiveness of our marketing campaigns, better understand our users and to deliver ads that are more relevant to you, both on and off our Websites. To learn more and to opt-out of having your information used by participating companies for online behavioural advertising purposes, please visit http://youradchoices.ca/choices. Please note that if you choose to opt-out you must opt-out of each web browser on each computer, mobile device and tablet you use. If you opt-out of receiving interest-based ads, you will continue to receive advertising, but it will not be based on online behavioural information about you. We may also use services provided by third-party platforms, including social networking platforms, to serve you tailored ads. We do this by providing a hashed version of your email address or other information to the platform provider. To opt-out of this type of tailored advertising, please contact us as set out below under the heading “Unsubscribe”.

k) Social Media

We may offer you the opportunity to engage with our content on or through third-party social networking websites, plug-ins and applications. When you engage with our content on or through third-party social networking websites, plug-ins and applications, you may allow us to have access to certain information associated with your social media account (e.g., name, username, email address, profile picture, gender) to deliver the content or as part of the operation of the website, plug-in or application. When you provide information from your social media account, we may use this information to personalize your experience on the Website and on the third-party social networking websites, plug-ins and applications, and to provide you with other products or services you may request.

We may also use personal information for other additional purposes which we will specify at the time of collection. You may decide not to provide us with certain types of information, but doing so may affect your ability to use some Services.

We may need to collect and use some of the information as mentioned above, provided it is considered appropriate in the circumstances, because we are either legally required to do so, because it is necessary for us to provide you with the requested product or service, because it is necessary for our legitimate interests or we have acquired your consent.

Who We Share Your Information With

We may use the personal information collected about you for the following purposes:

  • Third parties that provide product or perform services for us relating to your purchase or use of a FPA product, including:
    • distribution and transport providers who help deliver the product to you;
    • product service agents and technicians who help us service and repair products;
    • IT service providers who assist with the running of our IT services (including the Services) which allow us to provide our products and services to you;
    • data and survey service providers who assist us with understanding data held by us and our audience (including creating aggregate/de-identified data sets that do not identify an individual), the markets that we operate in and issue surveys to our customers; and
    • administration service providers who assist with the enforcement or application of our terms and conditions or other agreements, including for billing and collection purposes.
  • The Fisher and Paykel group of companies for reporting and business development and management purposes. Primarily this includes our direct parent company Fisher & Paykel Appliances Limited (which is based and incorporated in New Zealand).

We require all third parties to respect the security of your personal information and to treat it in accordance with the law. Third party service providers are contractually restricted from using or disclosing the information, except as necessary to perform services on our behalf or to comply with legal requirements. We do not sell or disclose (except as stated in this Privacy Policy) your personal information to other organisations without first informing you of such disclosures and, where required, obtaining your prior consent.

We may also disclose information about you (i) if we are required to do so by law or legal process (which may include laws outside your country of residence), (ii) to law enforcement authorities or other government officials (which may include authorities outside your country of residence), or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity.

We may also use, disclose or transfer your personal information to a third party in the event of any reorganisation, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings). We may also, with your consent, use and disclose your personal information in other ways.

We may use third party advertising companies to serve, or directly serve, advertisements regarding products and services provided by FPA that may be of interest to you when you access and use the Services, other websites or online services. These targeted advertisements are a result of profiling that we do which involves processing or analysing data on a partially automated basis. This may involve analysing or using data relating to your access to, and use of, the Services, other websites or online services on any of your devices (including, for example, data captured by placing or recognising a unique cookie on your browser), as well as information or data received from third parties. The aim is to provide you with content that is relevant and interesting for you and provide you with a more pleasant user experience when surfing the Internet.

If you believe that a third party has inappropriately disclosed your personal information to us, please contact that third party directly. If the third party does not sufficiently respond to your inquiries, please let us know immediately.

Limiting the Collection, Use and Disclosure of Your Personal Information

FPA does not sell personal information.

We will not use or disclose any collected personal information outside of the purposes described in this Privacy Policy unless you have otherwise consented or it is required or permitted by law. Any information shared will only be shared to the extent that is reasonably necessary.

a) Sharing information when legally required or permitted

We may disclose personal information in situations where we are legally required or permitted to do so. These situations may include criminal investigations, government tax reporting requirements, court orders, disciplinary matters, complaints, or instances where we believe the rights and safety of others may be at risk.

b) Retention

We will store your information only for as long as what is reasonably necessary to fulfill the purpose for which it was collected. Once your information is no longer needed, we will securely and effectively dispose of it.

c) Keeping your information accurate

We make every reasonable effort to keep your personal information as accurate, complete and up-to-date as necessary. If desired, you may verify the accuracy and completeness of your personal information in our records by emailing us at privacy@fisherpaykel.com.

Despite our efforts, errors sometimes do occur. Should you identify any incorrect or out-of-date information in your file, we will remedy any such errors on a timely basis. In the event that inaccurate information is mistakenly sent to a third party, we will communicate relevant changes to the third party where appropriate.

Protecting Your Personal Information

You may contact us to find out the personal information we have collected, how it has been used and any third parties with whom it has been shared. We make reasonable efforts to maintain accurate information, but you may provide any necessary updates or additions. Inaccurate information will be amended and communicated to third parties when appropriate.

Access to private, sensitive and confidential information, including your personal information, is restricted to authorized employees or contractors with legitimate business reasons.

Our employees and contractors understand the importance of keeping your information private. All employees and contractors are expected to maintain the confidentiality of personal information. In the course of daily operations, access to private, sensitive and confidential information is restricted to authorized employees who have a legitimate business purpose and reason for accessing it. For example, when you call us, our designated employees will access your information to verify who you are and to assist you in fulfilling your requests.

As a condition of their employment, all employees of FPA are required to abide by the privacy standards we have established. Unauthorized access to and/or disclosure of personal information by an employee of FPA is strictly prohibited. All employees are expected to maintain the confidentiality of personal information at all times and failing to do so will result in appropriate disciplinary measures, which may include dismissal.

a) Opting Out

You may withdraw your consent for our use and collection of your personal information at any time, however this may limit the services and products we can provide.

If you no longer want to receive marketing-related emails or communications from us, you may update your email preferences at any time by clicking the link in the footer of any email we send you.

If you no longer want to receive SMS mobile alerts, reply with “UNSUBSCRIBE” to any update or alert.

You may opt out of use of cookies through your browser settings.

You can opt out of targeted ads served via specific third party vendors by visiting the Digital Advertising Alliance’s Opt-Out page or the Network Advertising Initiative’s Opt-Out page.

If you want to opt out of receiving marketing information at any time by contacting us on 1.888.936.7872 or email us at optout@fisherpaykel.com.

b) Safeguarding your Information

To ensure that your personal information is protected, we utilize security safeguards that are on par with the industry standard. We keep electronic customer files in a secured environment with restricted access and use. Electronic customer files are kept in a highly secured environment with restricted access. Paper-based files are stored in locked filing cabinets. Access is also restricted.

We manage our server environment appropriately and our firewall infrastructure is strictly adhered to. Our security practices are reviewed on a regular basis and we routinely employ current technologies to ensure that the confidentiality and privacy of your information is not compromised.

When you call you may be required to verify your identity by providing some personally identifying information.

Updating this Privacy Policy

Any changes to our privacy standards and information handling practices will be reflected in this Policy in a timely manner. FPA reserves the right to change, modify, add, or remove portions of this Policy at any time. Please check this page periodically for any modifications. To determine when this Policy was last updated, please refer to the modification date at the bottom of this Policy.

FPA strives to evolve to meet our customer’s needs and expectations and that means our products and services may change and how we offer our products and services may changes. With that in mind, we review our privacy practices from time to time, and that our information handling practices may change. If FPA makes a material change to this Policy, we will post a notice on our Website and highlight the changes. We may also notify you by email. Material changes to this Policy will be binding after such changes have been introduced and for which notification of material changes has been made. You may determine when this Policy was last updated by referring to the date found at the bottom of this Policy. If at any point you do not agree with the terms of this Policy, you must not use FPA’s services.

Website and Apps Governed by this Privacy Policy

Our Website and any of our applications available from our Website or third party platforms are governed by the provisions and practices stated in this Policy. Our Website and such applications may contain links to third party sites or applications that are not governed by this Policy. Although we endeavour to only link to sites or applications that share our commitment to your privacy, please be aware that this Policy will no longer apply once you leave our Website or such applications, and that we are not responsible for the privacy practices of third party sites or applications. We therefore suggest that you closely examine the respective privacy policies of third party sites and applications to learn how they collect, use and disclose your personal information.

Governing Law

This Policy and all related matters shall be interpreted and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada.

Personal Information Outside of Canada

Certain FPA subsidiaries, affiliates, related entities and service providers may operate or reside outside of Canada. You acknowledge and agree that, as a result, your personal information may be processed, used, stored or accessed in other jurisdictions and may be subject to the laws of those jurisdictions. For example, information may be disclosed in response to valid demands or requests from government authorities, courts, or law enforcement in other countries.

Whenever we transfer your personal data out of your country of residence, we ensure a similar degree of protection is afforded to it by ensuring we only transfer your personal data after having put in place adequate measures such as standard contractual clauses.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data.

Websites Governed by this Privacy Policy

The Websites governed by the provisions and practices stated in this privacy policy is: https://www.fisherpaykel.com/ca/ or https://www.dcsappliances.com/ca/.

FPA’s website may contain links to other third party sites that are not governed by this privacy policy. Although we endeavour to link only to sites with high privacy standards, our privacy policy will no longer apply once you leave FPA’s website. Additionally, we are not responsible for the privacy practices employed by other third party websites. Therefore, we suggest that you examine the privacy statements of those sites to learn how your information may be collected, used, shared and disclosed.

How You Can Access, Change or Suppress Your Personal Information

If you would like to request to access, review, correct, update, suppress/restrict or delete personal information that you have previously provided to us, or if you would like to request that we transfer your personal information to another company (to the extent this right to data portability is provided to you by applicable law), you may contact us at any time in accordance with the details in the "Contact Us" section below.

In your request, please make clear what actions you would like us to take in relation to your personal information. For your protection, we may only implement requests with respect to the personal information associated with the particular email address that you use to send us your request, and we may need to contact you to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.

No fee is charged to access your personal information (or to exercise any other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion, but we will advise you of this. There may also be residual information that will remain within our databases and other records, which will not, and cannot, be removed. If this is the case, such information will remain secure and protected.

Addressing Your Inquiries and Concerns – Contact Us

If you have a concern or complaint about privacy, confidentiality or the personal information handling practices of FPA or our employees, please contact us directly by email at privacy@fisherpaykel.com.

If you would prefer to contact us by mail, please write to us at:

Legal and Compliance
Fisher & Paykel Appliances Limited
PO Box 58550 Botany,
Manukau 2163 Auckland,
New Zealand

Before FPA is able to provide you with any information or correct any inaccuracies, however, we may ask you to verify your identity and to provide other details to help us to respond to your request. We will endeavour to respond within an appropriate timeframe.