PRIVACY STATEMENT (INCLUDING CREDIT REPORTING POLICY)
Your information: When we refer to your information, we are referring to your personal information, as defined under the Privacy Act 1988 (Cth).
Sensitive information: The Privacy Act 1988 (Cth) defines some types of personal information as sensitive. We don't normally collect sensitive information, which includes information about a
person's race, ethnic origin, political opinions, health, religious or philosophical beliefs and
criminal history. In the event we require any sensitive information we would only collect this with
your permission, and we will only use it for the purpose for which you provided it.
Credit Reporting Policy: This sets out how we manage your credit information and credit eligibility information where this is relevant to you, and is our credit reporting policy for the purposes of Part IIIA of the Privacy Act 1988 (Cth).
The kinds of information we collect and hold
Depending on the particular circumstances, we may collect and hold a range of different information about you. This can include your name, date of birth, contact details (including address, email address, phone number or mobile telephone number), occupation, driver's licence number, username or password, financial information (such as credit card or bank account numbers) and information about how you use our products and services.
This is not an exhaustive list. For example, we may sometimes need to collect additional
information as part of a user authentication process, such as when you want to speak to one of our customer service personnel who need to access your account, or when you use one of our internet or cloud based services or applications (Apps).
You might also need to provide personal information about other individuals to us (e.g. about your authorised representatives). If so, we rely on you to inform those individuals that you are
providing their personal information to us and to advise them about this statement.
How we collect your information
We may collect your information in a number of ways, including:
• directly, including online, from you (such as where you provide information to us when you
visit one of our websites, sign up for one of our internet or cloud based services or Apps,
complete a credit application form or an agreement for one of our products or services, or contact us with a query or request);
•\from third parties such as our related entities, business partners, credit reporting bodies (for
more details see our Credit Reporting Policy below), wholesale or other customers, or your
• from publicly available sources of information;
• from our records of what Somfy products and services you have purchased in the past;
• when legally authorised or required to do so; or
• from the third parties we list in the section of this Statement with the heading When we
disclose your information.
If you choose not to provide certain information about you, we may not be able to provide you with the products you require.
How we hold your information
We may store your information in hard copy or electronic format, in storage facilities that we own and operate ourselves, or that are owned and operated by our service providers. We take the privacy and security of your information seriously and we are committed to maintaining the security of your information under our control. We use a combination of technical solutions, security controls and internal processes to help us protect your information and our network from unauthorised access and disclosure.
How we use your information
We may use your information for a range of different purposes, including:
• to verify your identity, or to conduct appropriate checks for credit-worthiness and for
• to provide products to you, to provide you with information about those products, to assist you
with enquiries or purchases or to provide you with better customer service;
• to administer and manage the products and services we provide to you, to charge and invoice you for them, and to collect any amounts you may owe us;
• to gain an understanding of your information and communication needs, to improve or develop our products and services, or to perform research and analysis; and
• to conduct appropriate checks for credit-worthiness and for fraud.
How we use your information for direct marketing
We may also use your information so that we, our related entities, dealers and other business
partners can promote and market products and special offers that we think will be of interest to
you (which may include products, services and offers provided by a third party). This marketing may be carried out in a variety of ways (including by email, SMS/MMS, or social media or by customising on-line content and displaying advertising on websites) and may continue after you cease acquiring any products or services from us until you opt-out. You may opt out by calling us on +612 8845 7200.
When we disclose your information
We may disclose your information to third parties who provide services to us, including
organisations and contractors that assist us with the purposes for which we use your information.
These services include:
• customer enquiries;
• installation, maintenance and repair services;
• mailing operations, invoicing and debt-recovery functions;
• information technology and network services; and
• market research and marketing services.
We may also disclose your information:
• to your authorised representatives or advisers, or when you ask us to do so;
• to credit-reporting bodies (for more details see our Credit Reporting Policy below) and fraud-
checking agencies, and to credit providers for credit related purposes such as
credit-worthiness, credit rating, credit provision and financing;
• to our dealers, our related entities or our business partners;
• to our wholesale and other customers from or through whom you may acquire products or
• to other organisations as required or authorised by law;
• as required or authorised by law, including to law enforcement and national security agencies,
and other government and regulatory authorities;
• to third parties who assist us to manage or develop our business and corporate strategies and
functions, including our corporate risk or funding functions; and
• for the purposes of facilitating or implementing a transfer/sale of all or part of our
assets or business.
In some cases, the organisations to who we may disclose your information may be based outside Australia. For example, we may disclose your information to our service providers or related bodies corporate in France, Switzerland, and China (Hong Kong).
How to access or correct your personal information or make a privacy complaint
If you wish to access any of your personal information that we hold or would like to correct any
errors in that information, please contact us using the contact details set out in the How to
contact us section of this Statement, so that we can consider and respond to your request. We may apply an administrative charge for providing access to your personal information in response to a request.
You may also use these contact details to notify us of any privacy complaint you have against us, including if you think that we have failed to comply with the Australian Privacy Principles (APP) or any binding APP code that has been registered under the Privacy Act 1988 (Cth). We are committed to acknowledging your complaint in a prompt manner and will give you an estimated timeframe for when we will respond to your complaint.
While we hope that we will be able to resolve any complaints you may have without needing to
involve third parties, you may also be able to lodge a complaint with the relevant regulator, the
Australian Information Commissioner (www.oaic.gov.au).
About this Statement
This Statement has been issued by Somfy Pty Limited, effective from 1 July 2017. From time to time, we may need to change this Statement. If we do so, the updated version will apply to all of your personal information held by us at that time. You can obtain an up to date version of this Privacy Statement by contacting us at Privacy.email@example.com or by visiting www.somfy.com.au.
How to contact us
If you have any questions in relation to this Statement or our management of your information,
please let us know by contacting us on +612 8845 7200 or writing to us at firstname.lastname@example.org.
CREDIT REPORTING POLICY
We may provide credit as contemplated in the Privacy Act 1988 (Cth) to our customers in connection with our products and services, as a result, we may collect credit information and credit eligibility information about you as referred to in the Privacy Act 1988 (Cth). Our Credit
Reporting Policy sets out how we manage that information. This credit reporting policy relates to
Somfy Pty Limited ABN 77 003 917 244 and to our related entities, including Somfy Automation
Services Pty Limited ABN 18 143 918 227 trading as Somfy Electrical Services, that are deemed to be credit providers or affected information recipients for the purposes of the Privacy Act 1988 (Cth).
How we collect and hold credit information and credit eligibility information about you
Credit information relates primarily to your credit related dealings with us and covers various
types of information that can be collected by Credit Reporting Bodies (CRBs) that report on
consumer credit worthiness.
Credit information includes:
• identification information;
• basic information about your credit account (for example when it was opened);
• details about information requests we make about you to CRBs;
• information about certain overdue payments and about serious credit infringements and information about payments or subsequent arrangements in relation to either of these; and
• publicly available information, including bankruptcy and credit-related court judgements.
We may collect credit information about you in any of the circumstances relating to other personal information described in our Privacy Statement under How we collect your information. Credit eligibility information is information equivalent to the kinds listed above that we generally collect from CRBs.This information relates primarily to your dealings with other credit providers (for example, banks, other financial institutions, or other organisations that may provide you with credit in connection with their products or services). It may also include certain credit worthiness information that we derive from the data that we receive from a CRB. Sometimes we may also collect credit eligibility information about you from other credit providers.
We store and safeguard your credit information and credit eligibility information in the ways
described in our Privacy Statement under How we hold your information.
How we use and when we disclose your credit information and credit eligibility information
We may disclose your credit information to CRBs. Those CRBs may then include that information in credit reporting information that they provide to other credit providers to assist them to assess your credit worthiness.
We may also use and disclose your credit information for other purposes and in other circumstances as described in our Privacy Statement under How we use your information and When we disclose your information, when permitted to do so by the Privacy Act1988 (Cth).
Our use and disclosure of credit eligibility information is regulated by Part IIIA of the Privacy
Act 1988 (Cth) and the Credit Reporting Privacy Code. We will only use or disclose such information for purposes permitted by these laws, such as:
• processing credit-related applications and managing credit that we provide;
• assisting you to avoid defaults;
• collecting amounts you may owe us in relation to such credit and dealing with serious credit
• assigning our debts;
• participating in the credit reporting system;
• dealing with complaints or regulatory matters relating to credit or credit reporting; or
• as required or authorised by another law.
In some cases, the people to whom we may disclose your credit information or credit eligibility
information may be based outside Australia – for more information please see the details in our
Privacy Statement under When we disclose your information.
How to access or correct your credit information or credit eligibility information
If you wish to access or correct errors in any of your credit information or credit eligibility
information that we hold, please contact us using the contact details in the How to contact us
section in our Privacy Statement. We may apply an administrative charge for providing access to your credit eligibility information, depending on the request.
How to make a complaint regarding our compliance with Part IIIA of the Privacy Act 1988 (Cth) and the Credit Reporting Privacy Code
If you think that we have not complied with Part IIIA of the Privacy Act 1988 (Cth) or with the
Credit Reporting Privacy Code (which regulates credit reporting) you can make a complaint by using the contact details in the How to contact us section of our Privacy Statement.
We will acknowledge your complaint in writing as soon as practicable within 7 days. We will aim to investigate and resolve your complaint within 30 days of receiving it. If we need more time, we will notify you about the reasons for the delay and ask for your agreement to extend this 30 day
period (if you do not agree, we may not be able to resolve your complaint). We may need to consult with a CRB or another credit provider to investigate your complaint.
While we hope that we will be able to resolve any complaint without needing to involve third
parties, if you are not satisfied with the outcome of your complaint you can make a complaint to
the Australian Information Commissioner (www.oaic.gov.au).
Privacy Statement SOM Final 26may17