The Playgro Group Privacy Policy

EFFECTIVE DATE – November 2018

Introduction

This is the Privacy Policy applying to Playgro Pty Ltd ABN 93 632 532 580and our related entities including Playgro Europe BV (collectively referred to as Playgro, we or us). At Playgro, your privacy is important to us. We are committed to protecting your privacy when managing your personal information. We have policies and procedures to ensure that all personal information is handled carefully and securely in accordance with applicable laws, including the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (Privacy Act), and the European Union’s General Data Protection Regulation (GDPR).

The purpose of this Privacy Policy is to tell you:

what kind of personal information we may gather about you;
how we may use that information and the choices you have regarding our use of such information;
whether we disclose your personal information to anyone;
how you may inquire, access and/or seek correction of your personal information and our access and correction handling procedure; and
how you may alert us about an alleged breach of our obligations, and our complaint handling procedure.

If you are a citizen of a European Union (EU) country or we collect personal data about you from a source in the EU, we will meet the standards of privacy protection required by the EU’s General Data Protection Regulation (GDPR) from 25 May 2018. Additionally, EU based companies that share personal data with us may require that we meet GDPR standards.

Personal data about individuals who reside in the EU is controlled by the appointed Playgro representative for GDPR purposes, Playgro Europe BV in the Netherlands. It may be processed by that entity, Playgro Pty Ltd or another Playgro entity. If you have a query about your rights, or about our obligations as a “controller” or “processor” for GDPR purposes, please contact us as shown below.

Collection of information

The types of information that Playgro collects from you will depend on the circumstances of collection and on the service that we are providing to you.

Personal information

The type of personal information collected will be directly related to the specified purpose it has been collected for. How much of your personal information that you choose to disclose to us is completely up to you. The only way we know something about you personally is if you provide it to us. However, failure to provide certain information may result in Playgro being unable to provide you with the relevant product or service. We will make you aware of the purpose for which we collect the personal information and, where possible, the consequences of not providing it at the time of collection. Our Website(s) are directed to persons over the age of 18. Except to the extent stated in this policy, we do not knowingly collect personal information from anyone younger than this.

For example:

If you sign up to use a particular service such as our e-newsletters, mail outs (about product updates and developments, special events or promotions), loyalty or rewards program(s) or enter into a competition operated by us, we may collect information such as your name and contact details (residential address, phone number(s) and/or email address) and any other information required to provide that service to you.
If you make an inquiry, provide feedback or make a complaint to us, we may collect your name and contact details.
If you participate in any surveys we, or a third party service provider acting on our behalf, may conduct from time to time on our Website, we may collect personal information relating to your survey responses.
If your child participated in a photo or video shoot for us then we may collect information including you and your child’s name and contact details (residential address, phone number(s) and/or email address) and any other information required for arranging the photo or video shoot (e. the date of birth and gender of your child).
If you are applying for employment with us, we may collect any information that is relevant to such employment including:
1. your name and contact details (i.e. residential address, phone number(s) and/or email address)
2. any other information relevant to the recruitment process (including any information contained in the application form and your resume).

You acknowledge that the personal information we collect from you is your own information or information which you have been authorised to provide us.

Sensitive information

Playgro does not generally collect sensitive information as defined under the Privacy Act, such as racial or ethnicity information, political opinions or associations, criminal records or health information. However, subject to obtaining your prior consent, Playgro may collect sensitive information from you in the course of considering an application for employment.

Unsolicited information

Where unsolicited information is received by Playgro (such as through any Facebook page or other social media platforms we operate or may establish) we will determine, within a reasonable period of time, whether or not we would be permitted to collect the information under applicable laws. If it would not be permitted for Playgro to collect the information, we will destroy the information or ensure it is de-identified as soon as practicable. Otherwise, Playgro may retain the information in accordance with the terms of this policy.

Information we collect automatically

When you visit our Website(s) we may collect certain information by automated means such as through the use of cookies, other automated devices and website tracking tools such as Google Analytics. We use Google Analytics to collect information about how our Website(s) are used. Google Analytics generates statistical and other information about websites by means of cookies stored on users’ computers. Google may collect, transfer, store, and process this information on its servers located in the United States. We will not use Google Analytics to track or collect any personal information from visitors to our Website(s). You can read about how Google Analytics collects and processes data at ‘How Google uses data when you use our partners’ sites or apps‘ http://www.google.com/policies/privacy/partners/. If you do not want information relating to your visit to our Website(s) reported by Google Analytics, you can install the Google Analytics opt-out browser add-on. For more information see ‘Google Analytics Opt-out Browser Add-on’ https://tools.google.com/dlpage/gaoptout.

The type of information we may collect by automated means includes:

your visiting domain name or IP address;
the device, browser, operating system type and screen resolution you use;
information on actions taken at our Website(s) such as navigation patterns (e. pages viewed and downloaded) and the date, time, duration and number of times you visited our Website(s);
the previous site you visited;
the geographical location (such as country and city) from where you accessed our Website(s); and
search terms or other webpages that led you to our Website(s).

You can change the privacy settings of your browser to refuse all cookies or to notify you each time a cookie is sent to your computer. However, by blocking or deleting cookies used for our Website(s), you may not be able to take full advantage of services offered via our Website(s). This is because cookies are used to help you navigate the Website(s) and to perform certain functions when using our Website(s) such as delivering content-specific information to you.

The information we collect automatically is also used for statistical and administrative purposes. Analysing the way in which visitors utilise our Website(s) enables us to improve our services. The information is not used in any way to uniquely identify a customer and we do not collect information about the identity of the visitors unless they voluntarily provide that information. Users or their browsing activities will not be identified except in the event that any law requires us to disclose or permit a law enforcement agency to inspect the service provider’s logs.

Method of collection

Personal information will only be collected through lawful and fair means and not in an unreasonably intrusive way.

Playgro collects your personal information when you deal with us directly, including via our Website(s) or any Facebook page or other social media platforms we operate or may establish, via forms or correspondence (i.e. by mail or email), over the phone or in person.

Playgro may also collect personal information through our related bodies corporate, business partners and our third party service providers (such as data relating to survey responses) so that we may provide a better or more relevant product to you.

Use of information

Use of personal information

Playgro will use the personal information you have chosen to provide us for the purpose for which you provided it or a related secondary purpose which you would reasonably expect. Playgro will not use it for any other purpose without your consent, unless permitted or required by law.

We may use your personal information for the following purposes:

providing the products and/or services you have requested from Playgro or its business partners including for example:
- to deliver products or services to you;
- to register you for a service requested by you, such as our newsletter(s) and e-newsletters, mailouts, rewards program(s) or competitions and administering such services;
- to managewarranty claims; and
- to respond to any inquiries, feedback or complaints made by you;
direct marketing of products and services which we believe may interest you, including product updates and developments, special events or promotions;
assisting us to improve our products and services and making them more relevant to you;
assisting us to improve our Website(s) or any social media platforms we operate or may establish;
processing and assessing employment applications for current and future positions;
marketing related activities (e.g., product packaging, catalogues etc) in connection with the use of photos and videos containing you or your child’s image where you have provided your consent; and
otherwise managing our internal business operations and processes.

Direct marketing

Playgro will only use your personal information for the purpose of direct marketing activities where we have obtained your consent to do so, or in circumstances where we have collected the information directly from you and you would reasonably expect that your personal information would be used or disclosed for this purpose. We may also share your personal information with our related entities, so that they can provide you directly with marketing material about their products and services.

Any direct marketing materials that you receive from us via email (including newsletters and special promotions) may utilise open tracking so that we can monitor delivery and receipt of the material.

Playgro will provide you with the opportunity to opt out of receiving marketing materials at the time of collection and/or at any time afterwards by either unsubscribing from the email service or contacting our Privacy Officer via the contact details provided below.

Use of anonymous information

Playgro gathers anonymous information to:

monitor the use of our Website(s);
help us make improvements to the Website(s); and
offer relevant information and services to as many users as possible.

Disclosure

There will be occasions where it will be necessary for Playgro to disclose your personal information to third parties.

Playgro may disclose your personal information to:

contractors and third party service providers on a confidential basis that we use in the ordinary course of our business to assist with the delivery of the product or service. This includes organisations such as marketing agencies, data processing companies, printing and mailing houses, delivery companies, finance agencies or debt collection agencies;
other members of Playgro’s corporate group for marketing purposes (subject to obtaining your prior consent if it is not a related body corporate);
government authorities or other third parties as required by law,

or for any other purpose that you have consented to.

Transfer of information outside Australia

Playgro may disclose your personal information to recipients outside of Australia. Specifically, Playgro may disclose your personal information to members of Playgro’s corporate group, business partners, and distributors in countries including; New Zealand, the Netherlands, Canada or USA. For a full list of the countries in which we may disclose your personal information, please click here. For example, if you are located in a country outside of Australia and you make an enquiry to us regarding our products and services, we may disclose your personal information to Playgro’s related overseas companies, business partners or distributors for the purpose of dealing with your enquiry. Playgro will take reasonable steps to ensure that any overseas recipient does not breach relevant privacy laws or principles.

No sale of personal information

Under no circumstances will Playgro sell or receive payment for licensing or disclosing your personal information.

Security

The security of your information is important to us. Playgro operates secure data networks that are designed to protect your privacy and security. When we have collected information about you it cannot be seen or modified by anyone else. Playgro has implemented generally acceptable standards of technology and operational security to ensure personal information (in both physical and electronic form) is protected against loss, misuse, interference and unauthorised access.

Only authorised Playgro personnel and contractors are provided access to personal information and have agreed to ensure the confidentiality of this information. Reasonable steps are taken to destroy or permanently de-identify any personal information that is no longer required.

We review and update our security measures in light of current technologies. You should however be aware that the internet is not a secure environment and information sent via the internet (including email) cannot be guaranteed to be totally secure.

Data quality, access and correction

Access

You may at any time, request access to personal information that Playgro holds about you by making a request to our Privacy Officer at the address or email address below.

We will endeavour to process any requests for access to personal information within a reasonable period of time. Where possible, we will provide you with access to that information either by providing you with copies of the information requested, allowing you to inspect the information requested, or providing you with a summary of the information held. If we need to deny your request for access we will let you know why and inform you how you may lodge a complaint regarding this decision. Generally, this will only be in cases where providing access would be unlawful or is subject to a potential legal claim or proceeding. Playgro may charge a nominal fee for supplying personal information.

Correction

We will try to ensure that all information we collect, use or disclose about you is accurate, complete, up-to-date and relevant to the service being provided.

If you discover or suspect that there is an error or information is missing, please forward your request for correction to our Privacy Officer in writing at the address or email address below. Our Privacy Officer will consider your request and as soon as practicable manage the correction of your personal information and will update you in writing. If your correction request is refused, our Privacy Officer will provide you within a reasonable period of time the reasons for such refusal and inform you of the complaint process (see below).

Complaints about privacy and our complaint handling procedure

If you have any complaints relating to the management of your personal information or if you believe there has been a breach of privacy obligations by Playgro, please forward your complaint in writing to our Privacy Officer at the address or email address below.

Our Privacy Officer will consider the complaint and advise you of their decision in writing within a reasonable time from receipt of the complaint.

If our Privacy Officer decides that there has been a breach, s/he will endeavour to ensure that the breach is rectified within 30 days from the date of the decision and will update you in writing. If the breach has not been rectified within 30 days, then our Privacy Officer will inform Playgro’s Managing Director in order to resolve the matter.

If you are in Australia or another jurisdiction other than the European Union, if you are still not satisfied after lodging a complaint with us and have given us reasonable time to respond, then we suggest that you contact the Office of the Australian Information Commissioner by:

Phone: 1300 363 992 (local call cost, but calls from mobile and pay phones may incur higher charges). If calling from overseas (including Norfolk Island): +61 2 9284 9749
TTY: 1800 620 241 (this number is dedicated to the hearing impaired only, no voice calls.)
TIS: Translating and Interpreting Service: 131 450 (If you don’t speak English or English is your second language and you need assistance and ask for the Office of the Australian Information Commissioner)
Post: GPO Box 2999 Canberra ACT 2601
Fax: +61 2 9284 9666
Email: enquiries@oaic.gov.au

Individuals in the European Union should contact the responsible privacy authority for each jurisdiction.

Contact Privacy Officer

Please contact our Privacy Officer on the contact details below if you would like to:

inquire about or request access and/or update your personal information; or
report an alleged breach of your privacy rights or make a complaint:
talk to our Privacy Officer about our Privacy Policy

Individuals in Australia and jurisdictions other than the European Union, please contact:

Post: Privacy Officer, Playgro Pty Ltd, 49-51 Sunmore Close, Heatherton Victoria 3202
Telephone: 03 8558 2000
Facsimile: 03 8558 2020
E-mail: privacyofficer@playgro.com

Individuals in the European Union, please contact:

Post: Clementine van Boxel, Postbus 2, 5280 AA Boxtel, The Netherlands
E-mail: playgroeurope@playgro.com

Miscellaneous

Personal information has either the meaning given to that term in the Privacy Act, or (if you are in the EU) the same meaning as the term personal data in the GDPR.

Website(s) refers to all websites which are owned, operated or under the control of Playgro including http://au.playgro.com.

Playgro reserves the right to modify or amend this Privacy Policy at any time. The effective date will be displayed at the beginning of the policy.

Further Information on Privacy

For more information about your privacy rights in Australia, visit the Office of the Australian Commissioner’s website, www.oaic.gov.au

Credit Reporting Policy

(Australian users only)

Credit applications by businesses for our services

Playgro provides commercial credit for the purposes of the Privacy Act to businesses who apply for credit in relation to our goods and services. We do not provide any consumer credit.

References to you and your in this credit reporting policy are references to individuals in relation to whom we hold credit information or credit eligibility information for the purposes of the Privacy Act in connection with such credit. This policy provides details about our management of such information.

How we collect and hold credit information and credit eligibility information about you

Credit information relates mainly to your credit-related dealings with us and comprises various types of information collected by credit reporting bodies (CRBs) that report on consumer credit worthiness. We may collect or generate various categories of credit information about you.

We may also collect credit eligibility information about you, which is mostly information provided by CRBs relating to your dealings with other credit providers (for example, financial institutions that provide you with loans or other businesses that provide you with credit in connection with their products or services).

Credit information and credit eligibility information may include:

identification information: such as your name, address, date of birth or employer;
consumer credit liability information: being information about consumer credit accounts you hold with other credit providers;
details about information requests made to CRBs: such as the fact that we or another credit provider have requested credit reporting information about you from a CRB to assess a credit application and various details about the credit you have applied for;
default information: being information about overdue payments owed by you in connection with consumer credit which have been disclosed to a CRB by other credit providers;
payment information: being information that an overdue payment has been repaid;
information about consumer credit-related serious credit infringements;
new arrangement information: being information about certain credit-related arrangements you may have entered with another credit provider in connection with a consumer credit default or serious credit infringement;
court proceedings information: being information about certain credit-related judgments;
personal insolvency information: being information recorded in the National Personal Insolvency Index about bankruptcy or various other insolvency-related matters; or
publicly available information about activities relating to credit worthiness.

Credit eligibility also includes credit worthiness information that we may derive from data we receive from a CRB, such as a credit risk score.

We may collect credit information about you in any of the circumstances described above under the heading ‘How we collect and hold credit information and credit eligibility information about you‘ above. We collect credit eligibility information from CRBs but may collect it from other third parties where permitted by the Privacy Act (such as from other credit providers with your consent).

We store and safeguard your credit information and credit eligibility information in the manner described in the Privacy Policy above.

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.

For example, we may disclose to a CRB the type of commercial credit, and the amount of credit, sought in your application for credit with us. We may also use and disclose your credit information for other purposes and in other circumstances as described in the Privacy Policy above when permitted to do so by the Privacy Act.

Our use and disclosure of credit eligibility information is regulated by provisions of Part IIIA of the Privacy Act and the Credit Reporting Privacy Code. We will only use or disclose such information for purposes permitted by these provisions, such as:

to process an application for credit with us in relation to our goods and services;
to manage the commercial credit we provide and collect overdue payments; or
where a disclosure is required or authorised under an Australian law or a court/tribunal order.

Correction of and access to credit information and credit eligibility information

To request correction of, or access to, your credit eligibility information please see the heading ‘Data quality, access and correction‘ above.

Complaints regarding our compliance with credit reporting requirements

If at any time you would like to make a complaint about whether we have complied with Part IIIA of the Privacy Act or with the Credit Reporting Privacy Code please contact our Privacy Officer at privacyofficer@playgro.com so that we may resolve your concerns.

If you make such a complaint, we will write to you as soon as possible acknowledging that we have received your complaint and setting out how we will deal with it. We will endeavour to investigate and resolve your complaint within a reasonable period of time. We may need to consult with a CRB or another credit provider to do so. If we need more than 30 days to resolve your complaint, we will advise you of the reasons for the delay and ask for your consent to extend this day period.