Privacy policy

1. INTRODUCTION

Welcome to Fancy Plants® Australia Pty Ltd privacy policy.

Fancy Plants® Australia Pty Ltd respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

2. IMPORTANT INFORMATION AND WHO WE ARE

This privacy policy aims to give you information on how Fancy Plants® Australia Pty Ltd collects and processes your personal data through your use of this website, including any data you may provide through this website when you sign up to our newsletter, take part in a competition or engage with us on our website.

We do not collect Personal Data from children under the age of 16.

Controller

Fancy Plants® Australia Pty Ltd is the controller and is responsible for your personal data (collectively referred to in these terms as “Fancy Plants® Australia Pty Ltd ”, “we”, “us” or “our” in this privacy policy).

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, please contact the DPO using the details set out below. We would be grateful if you could specify your country of residence and nature of your question when contacting the DPO.

Contact details

Full name of legal entity: Fancy Plants® Australia Pty Ltd

For the attention of: Data Protection Officer

Email address: [email protected]

Postal address: 262 -276 Lorimer Street, Port Melbourne, Victoria 3207 Australia

Changes to the privacy policy and your duty to inform us of changes

Fancy Plants® Australia Pty Ltd will occasionally make changes and corrections to this Privacy Policy. We keep our privacy policy under review. If we believe that the changes are material, we’ll let you know by doing one (or more) of the following:

• posting the changes on this website; or
• sending you an email or message about the changes

Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

3. THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
• Contact Data includes billing address, delivery address, email address and telephone numbers.
• Usage Data includes information about how you use our website, products and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

4. HOW IS YOUR PERSONAL DATA COLLECTED?

Direct interactions. You may give us your personal data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

• apply for our products or services;
• subscribe to our service or publications;
• request marketing to be sent to you;
• enter a competition, promotion or survey; or
• give us feedback or contact us.

Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. Please see our Cookie Policy for further details.

5. HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform any contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal obligation.

Some reasons why we collect your data are (for the avoidance of doubt, this is not an exhaustive list):-

If you are a customer of ours (or you work for a customer of ours) or if you have registered to join our online community and to receive our newsletter:

We may collect your personal data to enable us to communicate with you. This is in relation to the provision of products by us (for example, in order to provide the relevant products or answer to your queries) or to send you our newsletter. We will use this information, as appropriate, to sell and supply you with our products and/or to send you our newsletter or other information about our products.

If you browse any of our websites:

We may collect information on your visits to our website and how you move around different sections of our website for analytic purposes to understand how people use our website so that we can develop our business and to inform our marketing strategy. We may keep a record of the content on our website that you have clicked on and use that information to send you communications (if you have signed up to receive our newsletter) or to target advertising on our website to you that is relevant to your interests and which we have identified based on content you have looked at.

If we wish to send you advertising, marketing or promotional material:

We may collect your personal data in order to send you direct marketing material in order to advertise, market or promote our goods and services (this will be subject to your prior consent where appropriate, for example when you sign up to receive our newsletter). We may combine this with other information we obtain about the areas you are interested in and that are relevant to the products provided by us (for example, when you browse our website and view particular content, or if you tell us what you like) in order to help us ensure that the material that we send you is relevant to what you are interested in.

If you apply for a position with us:

We may collect personal data in relation to you in connection with any application by you for a position with us. In that case, we will explain in more detail at the time how and for what purposes we intend to process the relevant personal data.

If you enter a competition we are running:

We may use personal data which you submit in an entry form for the purpose of administering the promotion in accordance with its stated rules.

Change of purpose

Your personal data will only be used for the purposes for which you provided it to Fancy Plants® Australia Pty Ltd. In addition, it can be used to administer, support and obtain feedback on the level of our services, to help prevent breaches of security, the law or our contract terms, and for direct marketing purposes.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

6. WHO DO WE DISCLOSE YOUR PERSONAL DATA TO?

Fancy Plants® Australia Pty Ltd may share your personal data with Third-Parties. These include:

• service providers such as our fulfilment and activation partners;
• digital agencies;
• hosting providers;
• data storage providers; and
• other technical partners

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

7. INTERNATIONAL TRANSFER

Fancy Plants® Australia Pty Ltd may disclose your personal information to its subsidiaries or affiliates and to third parties whom Fancy Plants® Australia Pty Ltd hires to provide services on Fancy Plants® Australia Pty Ltd behalf, including, but not limited to, support services, website services, delivering promotional materials, contests, sweepstakes and other promotions, and answering customer questions about Fancy Plants® Australia Pty Ltd products. These subsidiaries, affiliates and third parties may be located overseas and your information may be transferred outside of Australia. Fancy Plants® Australia Pty Ltd will only provide those third parties with the personal information that they need to deliver the services to Fancy Plants® Australia Pty Ltd and/or on Fancy Plants® Australia Pty Ltd behalf. Fancy Plants® Australia Pty Ltd will not disclose your personal information to third parties for their direct marketing purposes without obtaining prior affirmative consent.

In the event that Fancy Plants® Australia Pty Ltd is involved in a business transaction, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving Fancy Plants® Australia Pty Ltd, you consent to your personal information and any other information Fancy Plants® Australia Pty Ltd may have collected being transferred to another party in connection with such transaction. You also consent to Fancy Plants® Australia Pty Ltd disclosing your personal information to legal, financial, insurance, or other advisors in connection with such business transaction or management of all or part of Fancy Plants® Australia Pty Ltd business or operations; as consented to by you from time to time, including to fulfil any other purposes that are identified when the personal information is collected; or as otherwise permitted or required by law.

8. DATA SECURITY

Fancy Plants® Australia Pty Ltd has put in place appropriate security measures designed to prevent data being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. We have appropriate technical and organisational measures in place to safeguard your personal data.

We limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

9. HOW LONG WILL YOU USE MY PERSONAL DATA?

We will only retain your personal data only for as long as reasonably necessary for the purpose(s) for which it was originally collected. This includes for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

10. YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data which are:

• The right of access – you may request a copy of the personal data which we hold about you;
  
  
• The right to rectification – you are entitled to request to have inaccurate personal data rectified, or completed if it is incomplete;
  
  
• The right to erasure - you can ask us to delete, remove, or stop using your personal data if there is no need for us to keep it;
  
  
• The right to restrict processing - you may ask us to restrict the use of your personal data, if for example, it is inaccurate;
  
  
• The right to data portability – you may obtain personal data held by us for reuse for your own purposes across different services;
  
  
• The right to object - you can object to us keeping or using your personal data; and
  
  
• Rights in relation to automated decision making and profiling (only permitted in limited circumstances).

If you wish to exercise any of the rights set out above, please contact the DPO.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.