PRIVACY AND COLLECTION NOTICE

FISHER & PAYKEL APPLIANCES INC PRIVACY POLICY

Last updated 01 January 2019.

Fisher & Paykel Appliances 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), our call centers 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 our 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.

Please read this Privacy Policy carefully to understand our practices in relation to your personal data. You can contact FPA for additional information using the "Contact Us" section of this Privacy Policy.

THE INFORMATION WE COLLECT

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.

At certain times we may ask you to provide personally identifiable information (being any information about an individual from which that person can be identified, referred to herein as "PII") when using the Services, as described below. We may need to collect and use the information because we are either legally required to do so, it is necessary for our legitimate interests or because we need it to provide the requested goods or services to you. If you do not provide the information when requested this may result in certain goods or services not being available to you.

  • 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. Providing this information will also allow us to quickly and easily identify customers when contacted with any issues, inform customers 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 PII.
  • 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 collected 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). We may collect and retain your search queries on our websites.
  • Questionnaires and Surveys
    We occasionally ask visitors to our website and 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
    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 PII you provide in connection with an FPA product review, unless you specifically agree. 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 center 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.

OFFLINE COLLECTION

We may collect PII (similar to the PII 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 PII as you choose to provide us.

INFORMATION FROM THIRD PARTY SOURCES

We may receive PII about you from publicly 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.

SENSITIVE DATA

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.

USE OF PERSONALLY IDENTIFIABLE INFORMATION

We may use the PII collected about you for the following purposes:

  • To register you as a new customer and administer and communicate with you about your account (including purchases and payments).
  • To give you access to our online store, confirm, process and contact you about any orders you may place and deal with returns or questions you may contact us, or need to be contacted, about.
  • To process and deliver your order.
  • To provide, administer and communicate with you about products, services, events, surveys and promotions (including by sending you marketing communications if you have agreed to receive them).
  • To 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.
  • 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).
  • 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.
  • To ensure the safety of FPA services, products, information resources and employees.

We may also use PII 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 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.

INFORMATION WE SHARE/DISCLOSE

For the purposes set out above, your PII either has been shared in the last 12 months or may be shared by us with:

  • Third party service providers 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).

The categories of PII disclosed to third party service providers and other group companies mentioned above, include name, contact information (including contact number and physical and email address) and transaction information. We require all third parties to respect the security of your PII 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 PII to other organisations without first informing you of such disclosures and, where required, obtaining your prior consent. If in the future, we anticipate selling your PII to any party, we will provide you with the opt-out and opt-in rights required by the California Consumer Privacy Act.

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 PII to a third party in the event of any reorganization, 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 PII in other ways.

INFORMATION WE TRANSFER

Your PII may be stored and/or processed in a country where we (including companies in the Fisher and Paykel group of companies) or our external third parties who provide services to us are based and/or operate from, and by using the Services you consent to the transfer of information to countries outside of your country of residence which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your PII.

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.

THIRD PARTY ADVERTISING AND PROFILING

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 analyzing data on a partially automated basis. This may involve analyzing 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 recognizing 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.

By using the Services, you will automatically be subject to the targeted advertisements and profiling referred to above. However, you can ‘opt-out’ through your browser settings. These are typically in the "privacy" section of your browser settings or preferences.

LINKS TO OTHER SITES

We may provide links to other websites for your convenience and information. These sites may have their own privacy statements in place, which we recommend you review if you visit any linked websites. We are not responsible for the content of linked sites or any use of such sites.

RETENTION OF PERSONALLY IDENTIFIABLE INFORMATION

We will retain PII for the period necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

To determine the appropriate retention period for PII, we consider the amount, nature, and sensitivity of the PII, the potential risk of harm from unauthorized use of disclosure of your PII, the purposes for which we process your PII and whether we can achieve those purposes through other means, and the applicable legal requirements.

Please contact us in accordance with the "Contact Us" section below if you want further information in relation to the retention of your PII.

THE PROTECTION OF YOUR PERSONALLY IDENTIFIABLE INFORMATION

FPA is committed to protecting your privacy. We use a variety of technologies, systems and procedures to protect against unauthorized disclosure, use, alteration or destruction of the PII you provide on this Service and keep the PII you provide on this Service secure. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the "Contact Us" section below.

We have put in place procedures to deal with any suspected personal data breach and will notify the relevant people as we are legally required to do so.

CHOICES AND ACCESS

FPA wants to make sure you have easily actioned choices about how we use and/or disclose your PII in providing you with our products and services or for marketing purposes. You may opt-out from:

  • Receiving electronic communications from us:
    If you no longer want to receive marketing-related emails or communications from us on a going-forward basis, you may update your email preferences at any time by clicking the link in the footer of any email we send you. You can also request to opt-out of the use of your PII by FPA for marketing purposes by contacting us at any time in accordance with the details set out in the "Contact Us" section below.
  • Receiving SMS mobile alert updates or notices from us:
    If you no longer want to receive these just reply "UNSUBSCRIBE" to any update or alert. You can also request to opt-out of receiving these by contacting us at any time in accordance with the details set out in the "Contact Us" section below.

We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages that you cannot opt-out from.

HOW YOU CAN ACCESS, CHANGE OR SUPPRESS YOUR PERSONALLY IDENTIFIABLE INFORMATION

If you would like to request to access, review, correct, update, suppress/restrict or delete PII that you have previously provided to us, or if you would like to request that we transfer your PII 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 PII. For your protection, we may only implement requests with respect to the PII 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 PII (or to exercise any other rights). However, we may charge a reasonable fee if your requests 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.

COOKIES POLICY

What is a cookie?

Cookies are harmless text files stored on your computer/device/browser when you visit certain sites/pages.

What do we use them for?

We use cookies to enhance and personalize your experience with us, for example, to allow you to include/save items in your shopping cart, and to make our site run smoothly and work best for you. The data is completely anonymous and none of the cookies we use collect PII about you. To make full use of the features and functions of our site, (ecommerce) including to purchase on our site, your computer, laptop, tablet or smartphone needs to accept cookies. If cookies aren’t accepted by/enabled on your web browser it will mean you will only be able to browse and research and won’t be able to add products to your shopping cart and purchase them.

Managing cookies

Most web browsers have cookies automatically enabled. You can manage cookies through your browser settings. These are typically in the "privacy" section of your browser settings or preferences. In some instances, you can configure your browser to notify you when you’re offered a cookie and decide whether to accept or not.

To learn more about the cookies we use and what they do, please see the comprehensive list here.

UPDATES TO OUR PRIVACY POLICY

FPA may, without prior notice to you, review and update this Privacy Policy from time to time to make sure that it remains current and reflects changes in our information practices. We will indicate at the top of the Privacy Policy when it was most recently updated.

CONTACT US

If you have any questions or comments regarding this Privacy Policy, please contact us by email at privacy@fisherpaykel.com.

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.

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