Frankie4 Holdings Pty Ltd and FrankieB Pty Ltd , collectively referred to as Frankie4 in this policy, are committed to respecting your right to privacy and protecting your personal information.
We are bound by the Privacy Act 1988 (Cth) (Act) and the Australian Privacy Principles set out in the Act.

This Policy applies to all your dealings with us, whether in person, or via telephone, email, correspondence or via our website and social media accounts.

For the purpose of this Policy, ‘Personal Information’, ‘Sensitive Information’ and ‘Health Information’ have the meaning given to them by section 6 of the Act.

In this Privacy Policy, we use the terms:

• ‘applicants’ to refer to individuals who apply for employment or other engagement with us.
• ‘customers’ to refer to individuals who purchase goods from our retail stores (online or in person);
• ‘participants’ to refer to individuals who enter our trade promotions and competitions;
• ‘suppliers’ to refer to individuals who provide us with goods or services, and individuals at businesses who provide us with goods or services; and
• ’visitors’ to refer to individuals who engage with us on our Website and social media platforms, who enquire about our functions or activities via phone or electronic means, and who are signed up to our newsletters and mailing lists.
• In some circumstances, you may belong to more than one of these groups, and multiple sections of this Privacy Policy will then apply to you.
  

Whenever you deal with Frankie4, we will collect personal information about you in order to provide goods, services, or information to you, and to provide marketing collateral including email and text marketing. We do not collect personal information unless it is reasonably necessary for, or directly related to, one or more of the goods or services we provide or functions we carry out.

The types of personal information we generally collect about you depends on our relationship with you. Generally, we will collect your name, commentary or opinion about you, and other information relevant to providing you with the information, and services you or someone on your behalf are seeking.

If you are a customer, we may also collect your postal address (if you have chosen to have goods delivered to you), your email address, your mobile number, your profession, and any other information you choose to share with us.

If you are a visitor, we may also collect your email address, social media account name, information you choose to share with us via contact forms and messages, information about your use of our Websites and the device you are using to access them (including numbers that identify your device, IP address, geographic location of your IP address and device where that is relevant to the services and information we are providing, cookie information, and user preferences). You may choose to enable or disable information you share with us via our Websites and social media accounts in your browser or device settings. Disabling the sharing of some information may affect your ability to use certain features of the Websites, and your visitor experience generally.

If you are a participant, entry into some trade promotions may require collection of personal information in excess of your name and contact details, and this will be made clear at the time of entry.

If you are a supplier, we will also collect your contact details, ABN (for sole traders and partnerships), business name, bank account details (for payment of your invoices), and information about your role.

If you are an applicant, depending on your potential or actual position with us, we will also generally collect your personal information contained within an application and CV/resume, employment history, personal information derived from a reference, personal information derived from an interview, personal information derived through testing (including psychometric or aptitude testing, as applicable), licences and other certificates and qualifications, and information included in a passport, birth certificate, visa or other documentation demonstrating your right to work in Australia.

Except as otherwise permitted by law, we will only collect sensitive information about you if you consent to the collection of the information and if it is reasonably necessary for the performance of our functions and activities. Consent may be implied in the circumstances existing at the time of collection. There may also be circumstances where information provided by you reveals sensitive information. For example, if you are a customer, certain product selections may reveal health information about you, you may require Frankie4 to custom-design a product with particular features which may reveal health information about you, or you may inform us about health conditions if you provide us with reasons why you have purchased our products (such as via a survey or leaving a product review). There may also be circumstances under which we may collect sensitive information without your consent, as required or authorised by law.

We will, if it is reasonable or practicable to do so, collect your personal information directly from you. This may happen when you fill out a form (including to enter a competition or to sign up to our mailing list), give us personal information in person, or via telephone, email, correspondence or via our website (including to create an account, and when placing an order) and social media accounts.

We may also need to collect personal information from a third party or a publicly available source from time to time where it is necessary for us to do so and it is unreasonable or impractical to collect directly from you, where you have consented to us doing so, or where we are otherwise required to or authorised to by law. Those third parties include:

• if you are a customer: via third parties in our retail and distribution chain or from our third-party technology service providers such as Shopify, Klaviyo, Yotpo, Loop Returns & Exchanges, Gorgias, Wishlist Plus, Back In Stock, Drop Hint and Rise.ai. Circumstances where we will collect from third parties may include:
  o so we can fulfil your order through a retail partner (such as David Jones);
  o if you provide your contact details via the sign up form on our Website (via Klaviyo);
  o if you leave a review and feedback for Frankie4 on our Website (via Yotpo); or
  o if you add a product to your Frankie4 wishlist (via Wishlist plus).
• if you are a supplier: publicly available records such as the Australian Securities Investment Commission and the Australian Business Register;
  • if you are a visitor: technology service providers and social media platforms;
  • if you are a participant: ViralSweep, social media platforms, and other entities involved in the trade promotion; and
  • if you are an applicant: referees when they provide references, academic institutions or training and certification providers, providers of licences and background-checking services, recruiters and other service providers who assist in the engagement process, and other publicly available sources such as social media platforms.
  

If we receive personal information that we did not solicit, we will determine as soon as reasonably practicable whether we could have lawfully collected that information as part of our functions or activities. If we are not satisfied that we could have lawfully collected the information, then we will (if it is lawful and reasonable) destroy the information or ensure that it is de-identified.

You may choose to deal with us anonymously or under a pseudonym where lawful and practical. Where anonymity or use of a pseudonym will render us unable to provide the relevant goods or services or do business, we may request that you identify yourself. For example, whenever documents are to be submitted to government agencies or financial institutions, it is essential that we record your name accurately. If you choose not to provide us with the information requested, or it’s incomplete or inaccurate, we may not be able to provide you with the information, goods, and services you are seeking. If you are an applicant, refusal to provide personal information may mean we are unable to process your application.

If you are a customer and purchase our products from another retailer or wholesaler (such as David Jones or Footgear), those organisations may collect, use, store, and disclose your personal information in accordance with their own privacy policies, which are not subject to our privacy policies, standards, and procedures. We encourage you to contact them or review their websites directly to ascertain their privacy policies, standards, and procedures.

Frankie4 will ordinarily collect, hold, use, and disclose personal information if it is reasonably necessary for or directly related to the performance of our functions and activities, and:

• to facilitate our internal business operations, including:
  o establishing our relationship with you;
  o maintaining and managing our relationship with you, and communicating with you in the ordinary course of that relationship;
  o supplying you with information and services;
  o updating your personal information, including destroying it when it is no longer relevant (to the extent applicable);
  o fulfilling our legal requirements, both at law and under our contractual arrangements with you;
  o analysing our services, and customer, patient and supplier needs with a view to developing new or improved goods, services, and business operations;
  o marketing of products and services to you, and conducting market research and monitoring use of our services and purchase of our goods;
  o contacting you to ask for your feedback or a testimonial;
  o if you are a customer: providing you with the goods or services requested, warranty claims, and product recall notifications.
  o if you are a supplier: purchasing goods or services from you, and enquiring about your products and services;
  o if you are a visitor: streamlining and personalising your experience within our Websites, and tailoring our information and services for you;
  o if you are a participant: processing your entry, communicating with you about the trade promotion and your entry; and
  o if you are an applicant, considering your application with us;
• to provide you with information about other goods and services that we or our related entities and other affiliated organisations offer that may be of interest to you. You may unsubscribe from our mailing/marketing lists at any time by using the unsubscribe feature on any emails we send, or otherwise by contacting us in writing; and
• for any other purpose identified at the time of collection.
  

We do not use your sensitive information for direct marketing purposes ; and

We may de-identify and aggregate personal information and sensitive information about you and your purchase of our goods and use of our services for research and reporting purposes, and to improve the quality of our goods and services. After we destroy personal information and sensitive information about you, we may retain de-identified and anonymised information (that can no longer be associated with you) and may continue to use this de-identified data indefinitely without further notice to you.

We may use or disclose personal information for secondary purposes where it would be reasonable to expect us to do so, and that secondary purpose is related (or directly related in the case of sensitive information) to the primary purpose set out above.

We generally disclose personal information for the purposes for which it was collected (described above). We may disclose your personal information to the persons/organisations described below:

• Companies in the Frankie4 Group.
• Persons or organisations involved in assisting us with the purposes for which it was collected, and with establishing, maintaining or terminating our relationship with you, including our employees, independent contractors, volunteers, and consultants engaged by us.
• Government departments and agencies where required by law.
• Organisations involved in maintaining, reviewing and developing our business systems, procedures and infrastructure including maintaining or upgrading our computer systems, e-commerce platform, and marketing platform.
• third party service providers who assist us in operating our business and providing information, resources, goods and services to you or someone else on your behalf (including insurers and professional advisers such as lawyers, accountants, and auditors).
• third parties to whom you have agreed we may disclose your information and where the information was collected from you (or from a third party on your behalf) for the purposes of passing it on to the third party.
• any other entity as otherwise required or authorised by law, including regulatory bodies.
• If you are a customer: partnered providers where products or services you purchase are co-branded, government departments and agencies or other persons/organisations involved in product safety recalls;
• If you are a participant: organisations involved in the trade promotion, such as sponsors, partners, prize providers, technology service providers, and government regulators.
  

We may expand or reduce our business, and this may involve the sale and/or transfer of control of all or part of our business. Personal information, where it is relevant to any part of the business for sale and/or transfer, may be disclosed to a proposed new owner or newly controlling entity for their due diligence purposes, and upon completion of a sale or transfer, will be transferred to the new owner or newly controlling party to be used for the purposes for which it was provided.

In the course of providing goods or services to you, it may be necessary for us to enter your personal information into third party software and websites, such as our warehousing system for dispatch or AusPost for delivery. Depending on the terms of use of such software and websites, a third party may acquire rights to use or disclose information entered into the relevant software or websites.

The collection and use of personal information by third parties may be subject to separate privacy policies or the laws of other jurisdictions.

Like many other businesses in Australia, Frankie4 may rely on third party suppliers or contractors in order to perform one or more of our functions or activities, who provide specialised services such as web hosting, cloud computing technology, data storage services, marketing services and e-commerce services. Those third-party suppliers or contractors may be based overseas, such as:

Frankie4 may also transfer your personal information to third party warehousing and logistics providers outside of Australia in countries such as Belgium, Germany, Netherlands and New Zealand.

Whenever we transfer your personal information overseas, we will take reasonable steps to ensure that the overseas recipient have appropriate security for your personal information and only use and disclose it for the purposes for which it was collected.

Frankie4 may use or disclose your personal information to let you know about products and services in which you may be interested. You can contact us at any time if you no longer wish us to market our products and services to you (see the Contacting Us section for more information) or use the opt-out facilities provided in our email and SMS communications.

Frankie4 will take reasonable steps to ensure that all personal information it collects, uses or discloses is accurate, complete and up to date.
If you believe your personal information is not accurate, complete or up to date, please contact us (see the Contacting Us section for more information).

Your personal information may be stored in hard copy documents or electronically. Frankie4 is committed to keeping your personal information secure and safe. Some of the ways we do this are:

• Requiring employees and contractors to enter into confidentiality agreements.
• Secure hard copy document storage (i.e. storing hard copy documents in locked filing cabinets).
• Security measures for access to our computer systems.
• Providing a discreet environment for confidential discussions.
• Access control for our buildings.
• Security measures for our websites (see the Your Privacy on the Internet section for more information).
• Limiting access to the personal information we collect about you.
• Only providing access to personal information once proper identification has been given.
• Requiring third party providers to have acceptable security measures to keep personal information secure.
  We will review and update our security measures from time to time.
  In addition, we will review the personal information and sensitive information held by us from time to time, ensuring that information which is no longer needed for a purpose for which it was initially collected is destroyed or de-identified.
  

Frankie4 takes care to ensure that the information you provide to us via our website is protected. For example, our website has electronic security systems in place, including the use of firewalls and data encryption.

You may be able to access external websites by clicking on links we have provided on our website. Those other websites are not subject to our privacy standards, policies and procedures. You will need to contact or review those websites directly to ascertain their privacy standards, policies and procedures.

You may request access to personal information that Frankie4 holds about you (see the Contacting Us section for more information). You will need to verify your identity before access to your personal information is granted.

While we cannot and do not charge an “application fee” for you applying to access your personal information, we may charge a fee for actually giving you access to your personal information in your preferred format (where reasonable and possible), which will cover our costs involved in locating and collating information as well as reproduction costs.

If you request access to your personal information, we will allow access unless we consider that there is a sound reason to withhold the information in accordance with the Act.

If you are aware that we hold personal information about you that is no longer accurate, complete or up to date, please contact us (see the Contacting Us section for more information).

If we do not agree to make a correction to your personal information because we are satisfied that, having regard to a purpose for which the information is held, the information is not inaccurate, out‑of‑date, incomplete, irrelevant or misleading, you may provide a statement about the requested corrections, and we will ensure that the statement is apparent to any users of the relevant personal information.

If we do not agree to provide access to your personal information or to correct your personal information, we will provide written reasons for the refusal and the mechanisms available to complain about the refusal (see the Complaints section for more information).

You may contact us by mail, email or telephone as follows:

A: 260 Moggill Road, Indooroopilly, QLD 4068

E: info@frankie4.com.au

P: 07 3106 3351

If you consider that there has been a breach of the Australian Privacy Principles, you are entitled to complain to Frankie4 (see the Contacting Us section for more information).

We will acknowledge receipt of a complaint within 2 business days.

We will investigate the complaint and attempt to resolve it within 20 business days after the complaint was received. Where it is anticipated that this timeframe is not achievable, we will contact you to provide an estimate of how long it will take to investigate and respond to the complaint.

If you consider that we have not adequately dealt with a complaint, you may complain to the Office of the Australian Information Commissioner on the below details:

A: Officer of the Australian Information Commissioner (OAIC), GPO Box 5218, SYDNEY NSW 2001
E: enquiries@oaic.gov.au

P: 1300 363 992

This policy is to be reviewed as follows:

• Annually as a minimum.
• Following an information security incident.
• Following significant changes to our systems.
• Following changes to the relevant State and Commonwealth legislation
  

Reviews are to examine the appropriateness of the policy taking into consideration corporate, system and compliance requirement changes since the last review was undertaken.