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WINTERHALTER PRIVACY STATEMENT

 

Our Privacy Commitment

We provide a wide range of products and services. To do this, we need to collect, store, use and disclose information, including personal information. 

We are committed to protecting your privacy, keeping your personal information safe and ensuring the security of your data. 

 

Our Privacy Statement

This Privacy Statement explains how we collect, use, disclose, transfer and protect your personal information. It extends to both our control and processing of your personal information, and it applies to all of your dealings with Winterhalter (Australia) Pty Ltd,Winterhalter (New Zealand) Limited and their related companies and subsidiaries (Winterhalter Group).

Personal information is any information relating to identifiable natural person (Personal Information). Personal Information does not include information regarding an organisation or a company, but does include information about an identifiable, natural person working within that organisation or company. Some examples of types of Personal Information that we could gather from you include your name, contact details, as well as personal purchase records and credit information.

This Privacy Statement also incorporates our Credit Reporting Statement, which explains how we may collect, use and protect your credit-related Personal Information and specific rights that you have in relation to this information.

We may need to update our Privacy Statement from time to time and if we do, we will post the updated version on our Winterhalter website (Website).

 

Your acceptance of this Privacy Statement

By using this Website, purchasing products or services from us or otherwise providing us with your Personal Information, you agree to the terms of this Privacy Statement.

 

Link to Other Sites

Our Website may contain links to other sites, including for payments and through use of any social media buttons. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content. Security or privacy practises employed by other sites to which we include a link do not constitute an endorsement of those websites, including, but not limited to, their internet privacy policy and practices. Please check these policies before you share any Personal Information with these websites.

 

What information do we collect?

The types of Personal Information we collect depends on how you use our products and services as well as the relationship we have with you as a customer.

The Personal Information collected 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 and financial information (such as credit card or bank account numbers).

We may also collect more in-depth information including:

  • Billing and Credit Information related to your financial relationship with us, such as your payment history, your credit history, and your service history. For more details, see the section on Credit Reporting below.
  • Information about your products and services including device-specific information such as your hardware model, operating system version, unique device identifiers, device status, serial numbers, settings, configuration and software.
  • Technical Information about your products and services including details about the usage and performance of our products and services.

In Australia, we are subject to requirements in relation to sensitive information including to only collect and use sensitive information with consent or otherwise in accordance with applicable law including the Privacy Act 1988 (Cwth). There are no such equivalent requirements under New Zealand law, but we will always endeavour to comply with these same standards in the rare circumstance that we are required to collect such information.

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 have informed those individuals that you are giving their Personal Information to us and seek their authorisation to do so.

 

How we collect your information

Where possible, Winterhalter will endeavour to collect your Personal Information directly from you. In some instances, we will be required to collect Personal Information about you from other sources. Some of the ways in which we collect your Personal Information include when;

  • you give it to us when you or your representatives interact with either us or one of our agents. This might happen when you are setting up an account with us or using one of our products or services;
  • we collect information when you use our products and services; and
  • we obtain information from outside sources including credit reports, marketing mailing lists, and public information, (including public posts to social networking sites) and commercially available geographic and demographic information.

You may withhold your Personal Information from us when using our website by electing to use our website anonymously or by using a pseudonym. You may also refuse to supply your Personal Information to us where it is lawful and practicable to do so. However, if you do so it may prevent us from providing products or services to you

 

Automated Collection

We may automatically collect information such as the type of internet browser and operating system you use, the Internet Protocol (IP) address of the computer you are using, the website from which you linked to our Website and the site you visit as you leave this Website. We use the information to collect broad demographic information about the visitors to the Website and to improve the Website content and to help us understand how users are interacting with the Website and services provided.

 

Our use of cookies

Winterhalter sets and accesses cookies and similar technology on your computer to obtain information about how you access and use the Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will set cookies when you load and navigate around the Website. By using our Website, you consent to our use of cookies.

 

What are cookies?

Cookies are text files containing small amounts of information which are downloaded to your device when you visit a Website. Cookies are then sent back to the originating Website during your browsing session or on each subsequent visit, or to another Website that recognises that cookie. The cookies we set do lots of different jobs, like help us to improve the Website and to deliver a better and more personalised service, remembering your preferences, and generally improving the user experience.

 

How do we keep your information?

We may store your information in hard copy or electronic format, and we may keep it in storage facilities that we own and operate ourselves, or that are owned and operated by our service providers. 

We use a combination of technical solutions, security controls and internal processes to help us protect your information from unauthorised access and disclosure.

 

How do we use your information?

We may use and disclose Personal Information for a wide range of purposes including:

  • Administration - Your information helps us to properly manage the products and services that we provide to you and to maintain and update our records. We also use your information for charging and billing.
  • Communication - To communicate with you in order to provide you with our products and services.
  • Improvement – We work to maintain and improve our products and services and to develop new ones.  We use information we hold to help us do this in a number of ways. For example, to monitor product use, quality and performance, and to operate, maintain, develop, test and upgrade our systems and infrastructure.
  • Direct Marketing - To make sure that you know about all our products, services and special offers that are relevant and are of interest to you.  We may use the information we hold to market and promote them directly to you. This also may include products, services and offers provided by one of our partners or agents. By providing your contact details to us you will be deemed to have consented to receiving marketing messages from us, unless you unsubscribe from these messages.

 

When do we share your information?

We may share your information with third parties who provide products and services to us, including organisations and contractors who assist us with providing our products and services. These services include:

  • customer enquiries and support services;
  • installation, maintenance and repair services;
  • mailing operations, billing and debt-recovery functions;
  • information technology services;
  • market research and marketing; and
  • development, analysis and business intelligence functions.

 

We may also disclose your information to:

  • your authorised representatives or advisers, or when you ask us to do so
  • Credit Reporters (as detailed below) and fraud-checking agencies for identity checking and credit related purposes;
  • law enforcement and other government and regulatory authorities as required or authorised by law;
  • third parties who assist us in managing or developing our business and corporate strategies and functions, including our corporate risk or funding functions; and
  • and for the purposes of facilitating or implementing a transfer or sale of all or part of our assets or business.

In some cases, the organisations that we may disclose your information to may be located outside Australia or New Zealand.

 

Cross-border disclosures

Winterhalter may be required to disclose your Personal Information to its related companies and subsidiaries within the Winterhalter Group or to third party service providers outside of the country in which you are resident.

Where Winterhalter provides Personal Information to another entity for the purposes of storage or processing of that Personal Information, that entity is deemed to be an agent of Winterhalter and Winterhalter will remain ultimately responsible for ensuring that the agent complies with the relevant provisions of the law in respect of that Personal Information.

 

Credit reporting

Sometimes, such as when we are checking your credit worthiness or assessing your credit situation, we might collect information from or give information to credit reporting bodies (Credit Reporters).

For example, where you or your business enter into a trade credit agreement or contract with us as a sole-trader, an unincorporated partnership, or a trust, Winterhalter may collect credit related information about you or other individuals associated with you and your business.

We may also collect credit related information about you or other individuals associated with you or your business, including but not limited to where we require you or someone else to personally guarantee the payment of any amounts owed to us under a trade credit agreement or other contract.

This information can include:  

  • identification information;
  • details about information requests made about you to Credit Reporters;
  • current and historical details about credit applications you have made and credit arrangements that you have entered into;
  • information about overdue payments, default listings and about credit infringements and information about payments or subsequent arrangements in relation to any of these;
  • publicly available information like bankruptcy and credit-related court judgments; and
  • credit scores or risk assessments indicating an assessment of your credit worthiness.

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 products or services provided by that organisation). It may also include credit worthiness information that we derive from the data that we receive from a Credit Reporters.

We may disclose your credit information to Credit Reporters.  They in turn may include it in credit reporting information they provide to other credit providers to assist them to assess your credit worthiness.

We may use or disclose that information for purposes such as:

  • processing credit-related applications and managing credit that we provide;
  • assisting you to avoid defaults;
  • collecting amounts that you may owe us in relation to credit and dealing with credit infringements;
  • assigning our debts;
  • participating in a credit reporting system;
  • dealing with complaints or regulatory matters relating to credit or credit reporting; and
  • when required or authorised by law.

 

Your rights in relation to Credit Reporters

Credit Reporters are subject to a credit-specific privacy code in New Zealand, the Credit Reporting Privacy Code 2004 and in Australia, the Privacy (Credit Reporting) Code 2014 (Code). Under the Code consumers have certain additional rights in relation to their credit reporting information.

You have the right to request Credit Reporters not to:

  • use your credit eligibility information to determine your eligibility to received direct marketing from credit providers; and
  • use or disclose your credit eligibility information if you have been or are likely to be a victim of fraud.

Winterhalter currently uses any one or more of the Credit Reporters who provide services in New Zealand and Australia.

For more information about your rights and about the credit reporters used by Winterhalter in New Zealand, see the website of the Privacy Commissioner at https://www.privacy.org.nz/the-privacy-act-and-codes/codes-of-practice/credit-reporting-privacy-code/credit-reporting-key-messages-for-consumers/#theres

For information about your rights and about the credit reporters used by Winterhalter in Australia, see the website of the Office of the Australian Information Commissioner at https://www.oaic.gov.au/

 

How can you access or correct your Personal Information?

To ensure that we are able to provide you with the best products and services possible, it’s important that you make sure the Personal Information we hold for you is accurate, up-to-date and complete. If any of your details change you should contact us and advise us of the change.

You may request access to any Personal Information we hold about you at any time by contacting us at [email protected]. Your request will be processed in accordance with this Privacy Statement and the New Zealand Privacy Act 1993 or the Australian Privacy Act 1988 (Cwth).

If you request access to the Personal Information we hold about you, we will ask you to verify your identity. Depending on the circumstances, we may charge a fee for making your Personal Information available to you, but we will advise you in advance whether this will apply.

There may be instances where we cannot grant you access to the Personal Information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others, or if it would result in a breach of confidentiality. If that happens, in most circumstances we will give you written reasons for any refusal.

If you believe that Personal Information we hold about you is incorrect, incomplete or inaccurate, then you can and should request us to amend it. We will consider if the information requires amendment and will not charge for making any amendments. If we do not agree that there are grounds for amendment, then we will add a note to the Personal Information stating that you disagree with it.

 

How can you make a privacy complaint?

You can use our contact details to notify us of any privacy complaint that you have against us.

If you are unhappy with the outcome of your complaint or with the way Winterhalter has handled your complaint, you may be able to refer to the matter to the Office of the Australian Information Commissioner (“the Commissioner”) (see http://www.oaic.gov.au for further details) or the Office of the New Zealand Privacy Commissioner (see https://www.privacy.org.nz/ for further details) where you are based in New Zealand.

 

How you contact us about this Privacy Statement?

If you have any questions about this Privacy Statement our how we collect, store, use and handle your Personal Information, please contact our Privacy Officer by emailing [email protected].

 

Applicable law

Depending on whether you are in Australia or New Zealand, this Privacy Statement will be governed by the law in the place of your location. Your Personal Information will be collected, stored, used, retained and governed in accordance with this Privacy Statement and the applicable laws.

 

EU General Data Protection Regulation

You may also have rights under the EU General Data Protection Regulation (GDPR), to the following: erasure of personal information, restriction of processing information, restrictions on cross border transfer of information and data portability, the ability to object to processing and the right to lodge a complaint with an EU supervisory authority. To the extend the GDPR applies to your personal information, please refer to Winterhalter Gastronom GmbH’s privacy policy available at https://www.winterhalter.com/de-de/datenschutz/