PRIVACY AND COLLECTION NOTICE

FISHER & PAYKEL APPLIANCES INC PRIVACY POLICY

Last updated December 15, 2022.

Fisher & Paykel Appliances Inc ("FPA") takes the protection of personally identifiable information (being any information about an individual from which that person can be identified, referred to herein as "PII") seriously and is committed to being transparent with you about how your PII is processed, We are committed to giving effect to relevant privacy legislation and we want you to be familiar with how we collect, use, disclose and protect the personal information you share with us. This Privacy Policy describes our practices in connection with information that we collect through websites operated by us, call centers operated by us (where you will be referred to this Privacy Policy), the applications made available by us (for use on or through computers and mobile devices), or our social media pages that we control, from our Distribution Networks, promotions we run directly or by partnering with third parties, as well as through communications we send to you (all collectively referred to as our "Services"). By using our Services, you agree to this Privacy Policy.

Please read this Privacy Policy carefully to understand how we process your PII and keep it safe. The Policy will also give you information about your privacy rights and where to go for more information. If you would like to contact us, our details can be found using the Contact Us section below.

THE INFORMATION WE COLLECT

We collect general and anonymous statistical information when you browse our websites, applications and social media pages. This information does not identify you personally but is 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 processed in accordance with this Privacy Policy.

We may ask you to provide PII when using our 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, because we need it to provide the requested goods or services to you or where we have your consent. If you do not provide the information when requesting this we may not be able to make certain products and services available to you.

  • Product Purchase and Registration
    When you register a product, or purchase a product, through one of our Services or by contacting us, we will collect and process the PII 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 you can purchase or register your product. . Providing this information will also allow us to quickly and easily identify you when contacted with any issues, to 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, serial number and place of purchase so that we can schedule your service call or respond to your questions and comments. We will also keep a record of any correspondence between us.
  • Transaction Information
    If you purchase a product or service from us, we collect details of transactions that are carried out through our Services and of the fulfilment of your orders. In addition to your name, email, delivery or physical address and contact number, this may include details about payments to and from you. Your payments through our websites are processed through our third party payment provider. We retain a subset of your payment information so we can verify transactions you may have with us.
  • Marketing and Promotional Activities
    If you opt-in to receive marketing materials and/or participate in our promotions, such as rebates, contests and other similar promotions, we may collect your name, email address, physical address, bank account number, proof of age and contact number. We use this information to assess and administer your participation and/or communicate with you in future regarding the promotion or for marketing purposes. Some promotions will have more rules about how we use and disclose your PII. We will only market directly to you if you have opted in to receive marketing materials.
  • Applications & Other Online Activities
    We may collect information through applications made available by us or when you use our online Services or platforms. We may collect information typically collected though websites and applications, such as browser and device information search queries, application usage data, information collected though cookies, pixel tags and other technologies, and IP addresses.
  • Questionnaires and Surveys
    We occasionally ask visitors to our website and consumers to participate in generic and/ or targeted 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 and other PII. Online surveys and polls may be carried out by us ,or by a third party on our behalf, but they are always voluntary, and you do not need to respond to them.
  • Connected Products
    Our connected products (products which use WiFi or Bluetooth) utilise the SmartHQ platform. Prior to connecting your product(s), you will be asked to read and accept the SmartHQ Privacy Statement, which sets out how we collect and process your PII for connected products
  • Product Review
    If you choose to review a product or service, we collect and process the information you choose to share. We, or a third party on our behalf, 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. If information is provided to a third party, their privacy policy shall apply to the collection of that PII.
  • Location Information
    If you use any location-enabled products, you may be sending us location information. We do not store or use this information other than to provide the service you have requested.
  • Interactions with us
    If you visit us, communicate with us over email, by interacting with our platforms, through our chat functionality, our websites or via third party platforms, we process your PII in line with this Privacy Policy and any third party privacy policy that may apply.

OFFLINE COLLECTION

We may collect PII from you offline. For example, when you visit one of our Distribution Networks (which include our Retailers, third party service providers, Authorised Service Centre's and our logistics partners), or attend a trade show or event we are represented at. In this case, we will collect and process the PII you choose to share with us, our Distribution Networks, trade show organisers or event organisers, etc.

INFORMATION FROM THIRD PARTY SOURCES

We may receive PII about you from publicly and commercially available sources (like public databases, third-party event organisers, data providers 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.

CANDIDATE PERSONAL DATA

You may send PII to us for consideration for upcoming roles and opportunities and we may collect this information from you to ensure that we can consider all candidates carefully in line with the roles we have available.

We have to collect your name and contact details as well as other PII you share with us (such as your CV and references). We usually collect this information directly from you, however sometimes you provide this information to third parties such as recruiters who will share your information with us with your consent.

Based on the role you apply for, we may also share your information with third parties for the purposes of conducting background checks (such as criminal history checks, qualification checks and medical checks). We will only conduct background check with your consent.

We may also need to disclose some PII to meet our legal obligations to law enforcement bodies and government agencies.

SENSITIVE PERSONAL DATA

We may request your health status to ensure your safety and the safety of our repairers, technicians and our staff to perform the services you have requested. Where we do collect this information, we delete it from our CRM system 31 days after your appointment.

Please do not send us, or disclose, any sensitive personal data if we do not request it (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.

PERSONAL DATA OF CHILDREN

We do not collect PII related to children. Please do not send us, or disclose PII related to children 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, surveys, promotions and offers tailored to you. Your interactions and responses to this activity may be logged against your customer profile. Participation in any survey is optional.
  • 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 market to you directly and/or indirectly through social media and other channels
  • To improve our business through analytics and insights
  • 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 our customers, services, products, information resources and employees.

We may also use the information listed because we are 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 when we you have provided your consent.

INFORMATION WE SHARE/DISCLOSE

We are committed to the protection of your PII and therefore we do not sell your PII to other organisations.

We may share your PII with third party service providers that provide product or perform services for us relating to your purchase or use of our products, including:

  1. distribution and transport providers who help deliver our products to you;
  2. product service agents and technicians who help us service and repair products;
  3. 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;
  4. data research 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;
  5. administration service providers who assist with the enforcement or application of our terms and conditions or other agreements, including for billing and collection purposes.
  6. third party marketing partners that we work with for promotional purposes:
    • to market to our customers directly via Digital platforms such as Instagram, Facebook, YouTube, LinkedIn, Pinterest and other social media channels.
    • to fulfil promotional and marketing activities with our marketing partners

We require all third parties to respect your PII and 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 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 FPA Group) 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 for the protection of your PII.

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, our applications, 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.

Our 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. You can also opt-out by contacting us using the details in the Contact Us section below.

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, or as informed to you at the time of collection, 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

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 by using the details in 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

We want 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 and product messages that you cannot opt-out from.

YOUR RIGHTS

You have the following rights over your PII:

  • The right to know. You have the right to request a copy of the PII we hold about you, how it is used and how it is shared.
  • The right to deletion. You have the right to request certain PII we hold about you is deleted. In some cases, we may be required to retain certain PII for legal reasons.
  • The right to correct. You have the right to correct, update or amend PII we hold about you.
  • The right to opt-out of sale of your PII. You have the right to opt-out of the sharing and sale of your PII. FPA Group does not sell PII.
  • The right to opt-out of the sharing of your PII. We share PII with third parties in accordance with this Privacy Policy. You can opt-out of the sharing of your PII for advertising purposes by emailing us at optout@fisherpaykel.com or by selecting unsubscribe at the bottom of your emails.
  • The right to non-discrimination for exercising rights. You have the right to non-discrimination for exercising your rights. FPA will not discriminate against you because you exercise your rights.
  • The right to limit the use of sensitive PII. FPA only collect sensitive PII for the purposes of performing the services you have requested.

Due to the nature of our commercial activities, we do not conduct automated decision making over PII.

If you would like to exercise your rights, you can do so using the methods prescribed above, and by using 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 will 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 request is 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 because we are legally required to do so, 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.

DO NOT TRACK ("DNT") SIGNALS SENT VIA BROWSERS

Given the divergent practice of organizations that offer Web browsers and lack of a standard in the marketplace, at this time we do not respond to DNT signals.

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.

UPDATES TO OUR PRIVACY POLICY

You can see when our Privacy Policy has been most recently updated at the top of our Privacy Policy., We 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.

CONTACT US

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

To exercise your rights as outlined in this Privacy Policy, please contact us anytime by phone at 1.888.936.7872 or by email at ccc.supervisors@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: Privacy Fisher & Paykel Appliances Limited PO Box 58550 Botany, Manukau 2163 Auckland, New Zealand

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:

Privacy
Fisher & Paykel Appliances Limited
PO Box 58550 Botany,
Manukau 2163 Auckland,
New Zealand