PRIVACY POLICY

Partington.CC Pty Ltd

ACN 641 416 695

1. ABOUT THIS PRIVACY POLICY

This Privacy Policy (Policy) applies to Partington.CC Pty Ltd ACN 641 416 695 and its subsidiaries (collectively referred to as “Partington”, “we”, “us” and “our”).

Partington is a designer and manufacturer of high performance road cycling wheels and other related products in Australia (Goods).

This Policy explains how Partington manages the personal information we collect and hold, including its use, disclosure, and protection, and explains the rights individuals have in relation to the information under the Privacy Act 1988 (Cth) (Privacy Act), which includes the Australian Privacy Principles (APPs). It also describes how we manage personal information within our group and to other related entities overseas to support our international operations and ensure consistent service delivery.

This Policy also sets out how we collect, use, disclose and protect the privacy of credit-related Personal Information. We comply with the credit reporting provisions in Part IIIA of the Privacy Act, as well as the Privacy (Credit Reporting) Code 2014 (Cth) (CR Code).

2. SCOPE OF THIS POLICY

This Policy applies to our management and processing of personal information (including sensitive information), except for the personal information of Partington employees.

Personal information is defined in the Privacy Act as information or an opinion about an identified individual, or an individual who is reasonably identifiable. It does not include information that is effectively de-identified. A subset of personal information is sensitive information which is information or an opinion about your racial or ethnic origin, political opinions or memberships, religious or philosophical beliefs and affiliations, trade union membership or associations, sexual orientation or practices, criminal record, your health or genetic information, and biometric information.

We only collect sensitive information with your consent unless otherwise permitted or required by law.

This Policy applies when you visit our website at https://partington.cc/ or any of our social media sites (Sites) on any computer, mobile phone, tablet, console or other device for any purpose contemplated by the Sites including for the purpose of you acquiring our Goods and us providing services in relation to those Goods such as repair and replacement services under our manufacturer’s warranty and crash replacement programs.

For individuals in the EU, we are the data controller for information we collect and are responsible for the collection, use, disclosure, retention and protection of your personal information in accordance with this Policy and any applicable national laws.

3. ANONYMITY AND PSEUDONYMITY

Where it is lawful and practicable to do so, you can choose not to identify yourself when interacting with us or to use a pseudonym. However, in most situations, we will need to collect some of your personal information.

4. What Types of Personal Information Do We Collect?

We only collect personal information that is reasonably necessary for our business operations, to provide our Goods to customers or any services in respect of our Goods including under our warranty and crash replacement program and to comply with our legal and regulatory obligations.

The types of information we collect depends on who you are, how and why you interact with us. We usually collect and hold personal information about customers and prospective customers, job applicants, contractors, third party service providers and our website visitors. In particular:

For customers, prospective customers and website visitors:

  • identifying information, including your name, date of birth, nationality, gender and identity documents;
  • contact details (such as email address, phone number and address);
  • account details (such as your username, password and account preferences);
  • transactional and product information, including information you provide as part of a transaction with us or third party retailer or that is generated as a result of that transaction including details of and images of proof of purchase / sales receipt, purchase date, store of purchase, wheelset serial numbers, etc;
  • usage information: interactions with our Sites and Goods, preferences, and device information (e.g. IP address, browser type, operating system, web log information and page views);
  • location data (such as geolocation information);
  • employment details;
  • personal preferences on how you use the Sites;
  • information we are required or authorised to collect and process under law to identify you or verify information you have provided; and
  • any other personal information you share with us, including from our communications, customer support, your feedback, enquiries and complaints; and
  • incident details (such as sharing a text description of an event that happened to trigger a warranty or crash replacement, supporting photos and short-form video captured by an owner of the affected wheelsets or a bicycle store employee);
  • any other information we may request from you in any of our forms available at our website (the Forms), including the Contact Form, Product Registration Form, Warranty Form, Crash Replacement Form, Media Inquiry Form, Silver Retailer Form, Product Inquiry Form and Ambassador Application Form.

For job candidates (in the recruiting and onboarding process):

• identity and contact details (such as full name, contact details, date of birth);

•employment history, qualifications and academic records;

• residency status and working rights;

• demographic information (if youprovide this in your resume/CV);

• references;

• banking and superannuation fund details;

• criminal record checks results from third party providers; and

• any other personal information you provide to us during
the recruitment process.

For staff of third party service providers (vendors and suppliers):

• professional contact details; and

• records of our communications with you.

5. How Do We Collect Your Personal Information?

We collect your personal information directly from you whenever you interact with us, including from:

  • any of the Forms you complete and submit to us via the website
    or in any other form of communication;
  • email, telephone and other correspondence with us;
  • information you submit on our Sites operated by Partington; and
  • information you share in support of or in relation to your job application, including in interviews.

Sometimes we collect personal information from a third party or a publicly available source, but only if we have your consent or you would reasonably expect us to collect this information. The usual sources are explained below.

For customers and website visitors:

  • from third parties such as our appointed distributors, sales agents or retail stores that sell our Goods as required to enable us to service our customers;
  • from cookies and analytic tools (see below for more detail); and
  • from other publicly available sources (such as from social media and credit and verification agencies).

For job candidates:

  • from referees you provide in support of your application to Partington (either as an employee or as a contractor);
  • from third party service providers, such as background check providers and recruitment agencies; and
  • from academic and training organisations if we need to verify your education or qualifications.

For staff of third
party service providers (vendors and suppliers):

  • professional contact details; and
  • records of our communications with you.

6. How we collect information through our website - Cookies and other technologies

We may collect certain information about you when you visit any of our Site to improve your experience and navigation and to understand your browsing activities.

We collect information about website visitors such as your browser type, IP address, operating system and the websites you visited before you visit and interact with our Sites.

We also use cookies on our Sites. A cookie is a small text file that the website may place on your device to store information. We may use:

  • persistent cookies (which remain on your computer even after you close your browser) to store information that may speed up your use of our Sites for any of your future visits; and
  • session cookies (which no longer remain after you end your browsing session) to help manage the display and presentation of information on the Sites.

You can turn off cookies at any time by changing the settings on your browser or device, but you may then not be able to use the full functionality of our Sites. Unless we notify you otherwise, our Site do not support “Do Not Track” requests.

We may collect personal information from people who are not customers or suppliers of our business but whose personal information is given to us by those individuals via our Sites or in the course of a transaction or recruitment. If you give us information about another individual, you must only do so with that individual’s authorisation and you should inform them of this Policy.

7. Why Do We Collect and Process Your Personal Information?

We will only use your personal information for the purpose for which it was collected or as otherwise in accordance with this Policy. We collect and process (by storing, using, combining, disclosing and transferring) personal information to provide you with our Goods and services, for our business operations and to comply with our legal and regulatory obligations.

This includes to:

  • provide you with use of our Sites and supply the Goods to you whether directly or via any third parties such as wholesalers and retailers;
  • conduct ‘know your customer’ (KYC) checks and verify your identity, and provide customer support;
  • ensure the security of our Sites and maintain back-ups of our databases;
  • manage our business;
  • combine and aggregate information for statistical, reporting and research purposes;
  • better understand you, your needs, your behaviours and how you interact with us, so we can engage in product and service research and development, and develop our business strategy;
  • send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
  • tell you about other products or services that we think may be of interest to you and conduct marketing and promotional activities – you may opt out of receiving these direct marketing communications at any time, and our electronic marketing activities will comply with the requirements of the Spam Act 2003 (Cth);
  • assess the suitability of prospective job candidates;conduct vendor and
  • supplier due diligence;
  • involve you in market research, gauging customer satisfaction and seeking feedback;
  • comply with our legal obligations, assist government and law enforcement agencies or regulators, resolve any disputes or complaints, and enforce our agreements and rights with third parties; and
  • for any other purposes identified at the time of collecting your personal information.

In addition, we may use your personal information where:

  • you have consented to the use or disclosure;
  • we reasonably believe that use or disclosure is necessary to lessen or prevent a serious, immediate threat to someone’s health or safety or the public’s health or safety;
  • we reasonably suspect that unlawful activity has been, is being or may be engaged in and the use or disclosure is a necessary part of our investigation or in reporting the matter to the relevant authorities;
  • such use or disclosure is required under orauthorisedby law (for example, to comply with a subpoena, a warrant or other order of a court or legal process); or
  • we reasonably believe that use or disclosure isbnecessary for the prevention, investigation, prosecution and punishment of crimes or wrongdoings or the preparation for, or conduct of, proceedings before any court or tribunal.

If you do not provide us with your personal information, we may not be able to provide our Goods or services to you, communicate with you, respond to your enquiries or process your job application.

8. Do We Use Your Personal Information for Marketing?

We may use your personal information to identify products and services that we believe may interest you, unless you tell us not to.

We may, with your consent, use your personal information to contact you from time to time to tell you about new products or services and special offers that we believe may be of interest to you. These products and services may be offered by us or our related entities.

You can withdraw your consent to receive direct marketing communications from us at any time by clicking on the opt-out link in the marketing communication or contacting us using the contact details provided at the end of this Policy. Our electronic marketing activities will comply with the requirements of the Spam Act 2003 (Cth).

9. Who Do We Disclose Your Personal Information to and Why?

We operate across multiple jurisdictions, with teams andappointed distributors, representatives, agents and retailers in Australia and internationally.

We may also disclose your personal information to third
parties if:

  • we are required or authorised by applicable laws to do so;
  • you would reasonably expect us to disclose the information for the relevant purpose;
  • you have requested us to or expressly consented to the disclosure, or we may reasonably infer the consent from the circumstances; or
  • we are otherwise permitted to disclose the information under an exception in the applicable privacy laws.

The third parties we disclose to in these circumstances include:

  • to our distributors, agents or retailers but only to the extent permitted by law and provided they agree to be bound by thisPolicy in respect of any personal in formation we are permitted to provide them;
  • third party suppliers, service providers, data processors and software providers relating to any customer resource management tools used by us (such as Hubspot), and any other supplier as necessary for the operation of our Sites or our business or in connection with providing our Goods to you.
  • our professional advisers such as our lawyers, accountants and auditors; and
  • government agencies, regulatory bodies and law enforcement agencies, or similar.

We disclose personal information (including credit-related Personal Information) to our external service providers so they can perform services for us or on our behalf, including to deliver technology services, verify your identity, and perform criminal record and KYC checks. Some of these providers are located outside of Australia. Our external service providers’ access to your information is limited only to information needed for them to perform their functions.

We take reasonable steps to ensure that third party recipients are obliged to protect the privacy and security of your personal information and use it only for the purpose for which it is disclosed. If the ownership or control of all or part of our business changes, we may transfer your personal information to the new owner.

10. How Do We Hold and Store Personal Information?

We store most of the personal information we collect as digital records on servers hosted by our providers which are located globally.

We take all reasonable and lawful measures (including organisational and technological) to secure and protect the personal information we hold against loss, unauthorised access, use, modification or disclosure and against other misuse. However, electronic transmission of information is never completely secure or error-free. As a result, while we strive to protect users’ personal information, we cannot ensure or warrant the security of any information electronically transmitted by a user, and users provide their personal information at their own risk. If you are concerned that any of your personal information may have been compromised, please let us know immediately.

We will only use, process or store personal information for as long as it is needed for any of the purposes we collected it for, including where such purpose relates to our legitimate interest, or for purposes related to our business operations and to comply with our legal and regulatory obligations. We may be obliged to retain personal information for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority. We take reasonable steps and use secure methods to destroy or de-identify personal information that we no longer need.

11. OTHER WEBSITES

Our Sites may contain links to third party websites. We are not responsible for the privacy policies of any third party websites. We recommend that you review the privacy policy of each website you visit.

Using the personal information of any person you receive through us for any purpose other than to perform the transaction we enable is prohibited by this Policy.

12. Your Rights: Personal Information Access and Correction Requests

You have the right to access on request the personal information that we hold about you and to ask us to correct it.

You also have the right to:

  • withdraw consent where you have previously given your consent to the use or processing of your personal information;
  • object to the processing of your personal information; and
  • ask us to delete or restrict how we use your personal information.

If you ask us to delete or restrict how we use your personal information, you acknowledge that this is subject to some exceptions and may impact your access to our Sites or ability for us to provide services to you in respect of the Goods.

You can make a request at any time by contacting us using the contact details in this Policy below. We aim to respond to requests within 30 days. We will need to confirm your identity before we share any information with you.

Subject to any applicable exceptions, we will work with you to provide access to the personal information you request in a mutually acceptable way. We do not charge for access requests, but we may require you to meet our reasonable costs in providing you with access (such as photocopying costs or costs for time spent on collating large amounts of information).

If we decide to refuse your request to access or correct some or all of your information, we will explain why in writing and how you can complain if you are not satisfied.

13. Privacy Complaints, Inquiries and Feedback

We welcome your feedback about this Policy and our management of personal information. If you believe that we have managed your personal information in a way that does not meet our obligations or is not consistent with this Policy, and wish to make a complaint, please use the contact details in this Policy below to submit your complaint in writing.

If you make a complaint, we will respond to you within a reasonable period and explain the further steps we will take. We may also request further information from you.

If you are not satisfied with our response, you may complain to the Office of the Australian Information Commissioner (OAIC) (see their website at www.oaic.gov.au for further information).

14. CONTACT US

If you have a privacy related inquiry or question about this Policy or you wish to make a complaint or exercise your privacy rights, please contact us by emailing our Privacy Officer at contact.us@partington.com.au.

When contacting us, please include “To the Privacy Officer” in the subject line of your email.

15. CHANGES TO THIS POLICY

We reserve the right to change, modify, add or remove portions of this Policy from time to time. If we do so, we will post the revised Policy on our website. Please note that the collection and use of your personal information will be governed by this Policy at the time of collection and use of the personal information. By continuing to use, access or browse any of the Sites, complete and submit any of the Forms to us or supply your personal information to us in any other manner following any changes to this Policy, you consent to those changes.

You can access our current Policy on our website or request a copy by contacting us using the details above.

Should you wish to read more information on privacy legislation or the Australian Privacy Principles, it is recommended that you visit the website of the Office of the Australian Information Commissioner at www.oaic.gov.au.