Our Privacy Commitment
The eCommerce Agency Pty Limited A.C.N. 145 985 815 acting in its capacity as trustee of the eCommerce Agency No 2 Trust and trading as "Harvey Norman Online" ("Harvey Norman Online") is committed to managing your personal information openly and transparently and to keeping your personal information safe. We will take all necessary measures to fulfil this commitment, including to:
• comply with the Australian Privacy Principles ("APPs");
• ensure that we manage your personal information openly and transparently;
• only collect personal information from you that we need in order to offer you the best possible service and customer experience;
• tell you how we might use your personal information;
• let you know if we need to disclose your personal information to anyone else (including anyone overseas) and if so, in what circumstances this might occur;
• keep your personal information secure;
• promptly respond to any request by you not to receive direct marketing material from us;
• make sure your personal information is kept accurate and up to date and to properly dispose of any personal information which is no longer required by us; and
• ensure that, where appropriate, you can access and correct your personal information.
About this Policy
This policy is intended to explain clearly and in plain language some of the key processes and procedures that we have implemented to manage your personal information, to protect your privacy and to comply with the Privacy Act 1988, the Privacy Amendment (Enhancing Privacy Protection) Act 2012 ("Act") and the Australian Privacy Principles.
References to "our", "us" and "we" in this policy are references to The eCommerce Agency Pty Limited A.C.N. 145 985 815 acting in its capacity as trustee of the eCommerce Agency No 2 Trust and trading as "Harvey Norman Online" and its related entities.
www.harveynorman.com.au ("Website") is owned and administered by eCommerce Agency Pty Limited A.C.N. 145 985 815.
This policy gives a broad overview of our policies in relation to privacy but if you require further information, you are welcome to contact us or to read any of the privacy statements or notices that will be issued to you as and when personal information is collected.
What sorts of personal information do we collect?
We will only collect from you information that is necessary and relevant to our relationship with you, including to enable us to provide to you the best possible service and customer experience.
Depending on the exact nature of our relationship with you, we may request that you provide some or all of the following information:
• information that we may require to initially identify you, including your name, home address and your date of birth;
• information that we can use to contact you, including your telephone number, mobile number, email address, work address, mailing address;
• information we may require to confirm your identity, including your driver's licence number, passport details, business name, Medicare card;
• information that may assist us to confirm your financial position or credit history when you are considering a finance or credit arrangement, including your credit card details, bank details, purchase history or transaction details and loan and credit information where finance arrangements apply.
It would be very unusual for us to need to collect all or even most of the above information from you however the information we will require will depend on the specific service or services that we are providing to you. We will only collect personal information from you that we reasonably require in order to satisfactorily perform the services that you require from us.
The Act places restrictions on us collecting sensitive information about you (which includes information about your religion, political views, ethnicity, criminal records and sexual preferences). Generally we will not collect this type of information , however we may need to collect some sensitive information if you are applying for a job with us, and you have provided us with your consent to do so.
Why do we require your personal information?
There are various reasons why we might need to collect, hold, use or disclose your personal information and this will depend upon the specific services that we are providing to you but we will tell you the main reason for asking for your personal information at the time when we ask you to provide it.
Usually, the main reason that we will need to collect your personal information will be relating to a service that we are providing to you or are about to provide to you and for contacting you in relation to those services. Our main services include the sale, rental and delivery of goods; providing a forum for product and service reviews and feedback; providing information and responding to queries in relation to our goods and services; facilitating competitions; facilitating online chat; coordinating the provision of credit; processing of warranties and coordinating the installation of goods.
We may also use your personal information for other reasons, including:
• to contact you in relation to an event, special offer or product that you might be interested in;
• preventing fraud and other criminal activities;
• to assist us to run our business and to improve our services and performance, including staff training, accounting, risk management, record keeping, archiving, systems development, developing new products and services and undertaking planning, research and statistical analysis; and
• to comply with our legal obligations.
There is no obligation for you to provide us with any of your personal information but if you choose not to provide us with your personal information, we may not be able to provide the information, goods or services that you require.
How do we collect your personal information?
The means by which we collect your personal information will depend on the nature of the service that we are providing to you.
We may collect your personal information:
(a) directly from you, either in person or over the phone;
(b) when you place an order via the Website;
(c) when you interact with the Website; or
(d) from other sources.
We will always collect your personal information directly from you unless it is impracticable to do so. This would usually be done through the Website when you elect to disclose your personal information to us for a particular purpose.
Where we are collecting your personal information, we will remind you of the following at the time of collecting your personal information:
(i) our details, including our contact details;
(ii) that we are collecting your information and the reasons why we are collecting your information;
(iii) if the collection is required or authorised by law, the details of the law, court or tribunal order;
(iv) what happens if we cannot collect your personal information;
(v) any third parties to whom we may disclose the personal information;
(vi) how you can access and correct your personal information;
(vii) how you can complain about any breach of the APPs and how we will handle any such complaints; and
(viii) whether your personal information is likely to be disclosed to anyone overseas and if practicable, the countries in which those recipients are located.
Collecting and disclosing personal information about others
Wherever possible, we will collect personal information directly from the relevant individual to whom that information relates.
You represent and warrant to us that where you provide personal information to us about another person:
(a) you are authorised to provide that information to us;
(b) you have obtained the express consent of the individual to disclose their personal information to us for its relevant use, including for use in our business and to provide our services;
(c) you have complied with the APPs in collecting that personal information, including by making all relevant notifications required under APP 5; and
Unsolicited personal information
How do we use or disclose your personal information?
We may use and disclose your personal information for the purposes for which it was collected or for a related purpose such as:
(a) to set up and activate your account with Harvey Norman Online;
(b) to consider your request for a product or service;
(c) to enable us to provide a product or a service to you;
(d) to coordinate delivery of your goods;
(e) to facilitate and process your orders and payments;
(f) to carry out or respond to your queries or requests;
(g) to provide information to you that you have requested;
(h) to provide additional information to you as requested by you and to respond to your queries about our products;
(i) to facilitate your entry into competitions run through the Website;
(j) to facilitate online chat;
(k) to any third party suppliers of our goods or services, including third party application owners or licensors;
(l) to any third party credit provider to facilitate the provision of credit to you as required;
(m) to our third party service providers to assist us in providing and improving our services to you, and to analyse trends in sales and better understand your needs or to develop, improve and market our products and services to you;
(n) for regulatory reporting and compliance with our legal obligations;
(o) to relevant third parties to undertake fraud checks;
(p) to various regulatory bodies and law enforcement officials and agencies to protect against fraud and for related security purposes;
(q) to perform administrative and operational tasks (including risk management, systems development and testing, staff training and collecting debts);
(r) to facilitate product reviews and to seek your feedback in relation to particular products, customer satisfaction and our relationship with you and to manage any customer complaints;
(s) for use in direct marketing of promotions, products and services that we think might be of interest to you, including to add to a database compiled by us for this purpose;
(t) to our third party service providers, for use in direct marketing of promotions, products and services that our third party service providers think may be of interest to you, including to add to a database complied for this purpose;
(u) to Harvey Norman Holdings Limited A.C.N. 003 237 545 ("Holdings"), subsidiaries of Holdings and other franchisees of Holdings ("Recipient Parties") for the direct marketing by those Recipient Parties of promotions, products and services offered by those Recipient Parties;
(v) to monitor or improve the quality and standard of service that we provide to you;
(w) to consider any concerns or complaints you may raise against us;
(x) to our agents, successors and/or assigns;
(y) to notify you of offers that may be of interest to you; and
(z) to better understand your preferences.
Do we share your personal information with others?
Wherever possible, we will limit the information provided to independent third parties to that information required for those third parties to properly perform their functions. Further, our contracts with these third parties will always require the third parties to comply with the APPs (or equivalent standards).
Do we use your personal information for marketing purposes?
As part of the services that we provide to you, we may:
(a) use personal information that we have collected about you to identify a product or service that may benefit you;
(b) contact you from time to time to let you know about a product or service that we believe you might be interested in; and
(c)disclose your personal information to our related entities, any one or more of the Recipient Parties or to our business partners (including third party facilitators) to enable them to tell you about a product or service that you might be interested in.
You may make a request that we do not disclose your personal information to facilitate direct marketing by another organisation and you may request that we provide you with the source of any personal information we use for direct marketing purposes. Any such requests will be actioned within a reasonable period and there will be no charges to you for making, or to you from us actioning, such requests.
How do we store your personal information?
We have implemented appropriate processes and techniques (including physical security such as locks and security systems and computer and network security, including firewalls and passwords) to protect personal information from loss, misuse and interference and from unauthorised access, modification or disclosure. In addition, access to your personal information is limited to those who specifically need it to conduct their responsibilities.
We and our third party service providers take all necessary steps to destroy or permanently de-identify your personal information where it is no longer required and to protect your personal information from loss, misuse and interference and from unauthorised access, modification or disclosure.
While care is taken to protect your personal information on the Website, unfortunately no data transmission over the Internet is guaranteed as 100% secure. Accordingly, we cannot ensure or warrant the security of any information you send to us or receive from us online. This is particularly true for information you send to us via email as we have no way of protecting that information until it reaches us. Once we receive your personal information, we are required to protect it in accordance with the Act.
Maintaining your personal information
We take reasonable steps to ensure that:
(a) the information that we collect about you is accurate, complete and up-to-date at the time of collection;
(b) when we use your personal information, it is accurate, up-to-date, complete and accurate at the time of use; and
(c) if we disclose your personal information, it is accurate, up-to-date, complete and accurate at the time of disclosure.
Will we disclose your personal information to anyone overseas?
There may be circumstances where we need to disclose personal information that we hold about you to a third party overseas ("Overseas Recipients"). This may occur, for example, where we have a database or server hosted outside Australia or where you are interacting with an application which is based overseas.
Prior to us disclosing your personal information to an Overseas Recipient, we have an obligation under APP 8.1 to take reasonable steps to ensure that the Overseas Recipient does not breach the APPs in relation to your personal information, as well as an obligation under APP 6 to only disclose your personal information to an Overseas Recipient for the primary purpose for which that personal information was collected (unless an exception applies under APP 6) (the "Overseas Disclosure Obligations").
We will take all reasonable steps to satisfy our Overseas Disclosure Obligations.
The countries to which we are most likely to send your personal information include the United States of America and the United Kingdom.
How can you access your personal information?
Usually we will be able to provide you with access to your personal information upon receipt of your written request, either by email sent to Harvey Norman Online, at HNPrivacy.firstname.lastname@example.org or by post sent to Harvey Norman Online, A1 Richmond Road Homebush West NSW 2140, and confirmation of your identity.
There are some limited circumstances in which we may not be able to provide you with access to your personal information when requested. Such circumstances might include where access would pose a serious threat to the life, health or safety of another person or where such access would unreasonably impact on the privacy of others.
Where you request access to your personal information, we will respond to any such request within a reasonable period after the request is made and if possible, we will provide you with access to your information in the manner requested by you, if specified. In any event, we will take all reasonable steps to give you access to your information in a way that meets your needs.
If we deny you access to your personal information for any reason, or if we are unable to provide you with access to your information in the manner requested by you, then we will provide you with a written notice confirming:
(a) the reason for such refusal; and
(b) the procedure to complain about the refusal.
We may recover from you our reasonable costs of supplying you with access to your personal information but we will not charge you for any request you might make to access your information.
How can you seek to correct your personal information?
We do what we can to ensure that the information we hold about you is accurate, complete, up-to-date, relevant and not misleading. To assist us to do this, please ensure that you provide us with correct information at the time you provide it to us and immediately inform us if your details change at any time. If we are concerned that any of your information is inaccurate, incomplete, out-of-date, irrelevant or misleading, or if you request that we correct any of your information, then we will take all reasonable steps to correct the information to ensure that it is accurate, complete, up-to-date, relevant and not misleading in the context of the purpose for which it is held.
If we correct any of your personal information and that information has previously been disclosed to another entity that is required to comply with the APPs, then, upon your request to do so, we will take reasonable steps to notify that other entity of the correction unless such notification is impracticable or unlawful.
If we refuse to correct your personal information following a request by you to do so, then we will provide you with a written notice confirming:
(a) the reason for such refusal; and
(b) the procedure to complain about the refusal.
If we refuse to correct your personal information following a request by you to do so and you request that we associate with the information a statement that the information is inaccurate, out-of-date, incomplete, irrelevant or misleading then we will take reasonable steps to associate the statement with the information so that the statement is apparent to users of the information.
We will respond to any requests regarding the correction of your personal information within a reasonable period after the request is made.
We will not charge you for any request to correct your personal information, nor will we pass on to you any costs incurred by us in correcting your personal information or for associating a statement with your personal information.
What if you want to make a complaint about some aspect of our privacy procedures?
We are committed to maintaining and protecting your privacy but it is possible that in limited circumstances, mistakes might be made. If you are concerned with the way your personal information has been handled then you are entitled to make a complaint. If you would like to lodge a complaint, please contact us through our Privacy Compliance Officer, whose details are set out below.
Harvey Norman Online
Postal address: A1 Richmond Road Homebush West NSW 2140
E-mail address: HNPrivacy.Officer@au.harveynorman.com
Phone: 02 9763-6891
If your personal information has not been handled in an appropriate way, we will do our best to remedy your concerns as quickly as possible, including by acknowledging receipt of your complaint within 48 hours and trying to resolve the complaint within 10 working days. Where this is not possible, we will contact you within this period to let you know an anticipated time frame within which your complaint will be resolved.
If your complaint is not satisfactorily resolved, you may approach an external dispute resolution service or apply to the Office of the Australian Information Commissioner ("OAIC") to have the complaint heard and determined.
Protecting your identity
Wherever it is practicable, we will always provide you with the option not to identify yourself when dealing with us. Alternatively, you may elect to use a pseudonym to protect your identity.
Links to other websites
This Website may contain links to websites which are owned or operated by other parties. You should make your own enquiries as to the privacy policies of these parties. We are not responsible for information on, or the privacy practices of, such websites.
Changes to this policy
How can you contact us?
Please find below our contact details. Please do not hesitate to contact us in relation to any privacy-related concerns and we will use our best endeavours to address any such concerns thoroughly and in a timely manner.
If it is practical to do so, you can contact us without identifying yourself. However, if you choose not to identify yourself, it may be more difficult for us to assist you with your enquiry. This will depend on the nature of your enquiry.
Harvey Norman Online
Postal address: A1 Richmond Road Homebush West NSW 2140
E-mail address: HNPrivacy.email@example.com
Phone: 02 9763 6891
Express consent to collection, storage, use and disclosure