1. Mercator
This Privacy Policy applies to Mercator Pty. Ltd. ACN 005 946 958.
Mercator is a well-known and recognised supplier of quality lighting and fans and other goods and services.
Our goods and services are available from trade and consumer wholesalers and retailers and on-line in various jurisdictions in which we provide goods and services.
2. Commitment to Privacy
Mercator respects an individual’s right to privacy and is committed to protecting your personal informaton and complying with applicable laws, including:
- the Australian Privacy Act 1988 (Cth), including the Australian Privacy Principles (APPs);
- the New Zealand Privacy Act 1993, including the Information Privacy Principles (IPPs);
- the United Kingdom Data Protection Act 2018; and
- the European Union General Data Protection Regulation 2016/679 (GDPR),
and any other laws of other jurisdictions, to the extent they apply to you, your personal information and Mercator.
3. Collection, Holding, Use and Disclosure of personal information
We generally only collect personal information that is reasonably necessary for our functions and activities or our dealings with you.
How we collect personal information
We collect personal information in a number of ways, including directly from you, such as when you submit an application or request, send us an email, place an order, complete a survey or register or open an account with us, when you download and use an app relating to our goods or services, or from other sources such as website analytics or how and when you use our goods and services, including technical information.
For example, if you place an order with us, you will be asked to provide such information as is reasonably necessary for us to consider your order and (if accepted) transact the order with you. Without such information we would be unable to consider your order and (if accepted) transact your order. Likewise, if you download and use one of our apps, you may need to provide such information as is necessary to set up an account for, activate, manage and use the app.
It is generally up to you whether you provide personal information to us depending on the goods or services you are accessing. However, if you do not provide the required personal information necessary to complete a transaction or request, your order may not be processed or we may not otherwise be able to assist or deal with you.
We might also obtain personal information about you from wholesalers, retailers and others who offer or provide our goods and services.
We may also collect personal information from other third parties, including credit reporting bodies and our service providers who are engaged by us to provide goods and services to you.
Refer also to Section 5 below on Cookies.
The kind of personal information we collect
The personal information we collect and hold may include information such as your name, position, address, email address, telephone number, financial and credit information.
We may also collect and use information relating to your use of our goods and services, including your user ID and password, nickname, country, time zone, video and photo images, voice recordings, and usage related to such goods and services including location data and device-specific information.
For instance, if you use a product which records video or photo images or voice recordings, those recordings may need to be held by us if you also use a service provided by us to transmit them to, or store them for, you.
How we hold your personal information
We may hold personal information in a number of formats and in various types (both physical and electronic) of storage facilities (including the Cloud) that may be owned by us or our third party service providers.
How we use your personal information
We collect, hold, use and disclose personal information for a number of purposes including: our dealings with you, for the provision of goods and services, as part of our customer care procedures, to manage, improve and develop new goods and services, including websites, apps and other technologies, and for statistical analysis and research.
For example, we may disclose personal information to our service providers in order to deliver purchased goods or provide services to you, to our payment service providers in order to process payments through our websites, apps and other technologies, to our IT service providers in order to host, develop and provide support sites and apps.
We may also use and disclose personal information:
(a) for direct marketing or remarketing, including:
(i) sending you news, invitations, information about our activities and general promotional materials;
(A) our goods and services;
(B) other goods and services offered by trade and consumer wholesalers and retailers of our goods and services; and
(C) other third parties who may use our apps and other technologies to control or promote their goods and services;
ii) advertising on our websites, apps and other technologies of:
(b) to maintain our relationship with you;
(c) in connection with promotional competitions or giveaways;
(d) to credit reporting bodies;
(e) for purposes related to the Mercator’s research, development and analysis, planning, website, app and other technology development, security and risk management;
(f) where a third party acquires or wishes to acquire an interest in, or the business of, Mercator; or
(g) to the extent we are required or authorised by law to do so.
If you do not wish to receive direct marketing communications from us, please contact the Mercator Privacy Officer on the contact details listed below.
Who we disclose your personal information to
As part of the above collection, holding and use, we may disclose personal information to third parties, including Mercator related bodies corporate and service providers, business partners, licensees and others who provide goods and services to us in Australia, New Zealand, the United Kingdom, the European Economic Area (EEA), China and the United States. Your personal information may also be held and consequently used on servers located in those countries, as well as outside EEA. Refer also to Section 4 EEA Individuals below.
We only disclose personal information to third parties to the extent necessary for them to provide the goods and services for which they are engaged to provide or as otherwise set out in this Privacy Policy.
Where personal information is disclosed to third parties outside the country in which Mercator is incorporated, those third parties may be required to comply with acts and practices required by applicable laws of an overseas country.
By providing us your personal information you acknowledge, agree and consent to our use and disclosure of your personal information in the manner set out in this Privacy Policy, including to overseas recipients. By consenting to such use and disclosure of your personal information you also agree that APP 8.1 does not apply.
You also warrant that you are authorised to provide such information and that the information is, to the best of your knowledge, current and accurate.
If you do not wish your personal information to be used or disclosed in that manner, please contact the Mercator Privacy Officer on the contact details listed below.
If some of your personal information is unable to be collected by us, we may not be able to continue our dealings with you, including providing you with goods or services.
Other than as set out in this Privacy Policy, we do not sell or otherwise provide your personal information to third parties or make any other use of your personal information which is not incidental to your relationship with us or as otherwise provided in this Privacy Policy.
Our websites, apps and other technologies may interface with social networks to allow users access to various social platforms (Facebook, YouTube, Twitter, LinkedIn, Pinterest, Instagram, etc.) and also contain links to other websites. Those links are provided for convenience only, and we are not responsible for the privacy practices or the content of those other websites. To understand how and what information is collected and what cookies are used by such third parties, you should check their privacy policies. The use of such websites is at your own risk in all things.
4. EEA Individuals
If you are an individual in a country in the European Economic Area (EEA Individual), Mercator is the data controller and is responsible for the processing of your personal data.
We will only transfer data of an EEA Individual to jurisdictions outside the scope of the GDPR where appropriate safeguards are provided.
5. Cookies
We and our service providers may utilise various technologies (including cookies (generally), analytic cookies, targeting, advertising or remarketing cookies, web beacons and pixels, and other types of technologies) (collectively cookies) which assist us in our functions and activities including our dealings with you, for the provision of goods and services and for marketing and remarketing purposes. For example, cookies allow us to monitor traffic patterns and usage statistics, and to identify visitors.
A “cookie” is an electronic information file that is stored and accessed on your computer or device. There may be several types of cookies used on our websites, apps and other technologies which may remain on your computer or device for varying periods of time, including in some instances, permanently, unless you delete them from your computer or device. We may also use cookies in other platforms, including in our emails, newsletters and other electronic communications.
We also use third party service providers, including Google Analytics, to collect and process data and to analyse our visitors’ behavior on an anonymous and aggregate level. This allows us to log information about visits and site visitors for various purposes, including remarketing purposes and in order to improve the user experience of our websites and other technologies.
To assist in our functions and activities, cookies are also used in our remarketing practices in various instances, including in order to determine who has previously visited or interacted with our websites and other technologies, used our apps or interacted with our videos. This allows us to advertise online to you through third parties, including Google, who may also use cookies in order to track website, app and other technology activity and show our and third party advertising online across various websites, platforms and devices.
You can opt out of Google Analytics and Google’s use of cookies by searching ‘Google opt out’.
If you do not wish to accept cookies, you should set your computer or other device to not automatically accept cookies from being stored or to inform you whenever a site requests storing a cookie. Previously stored cookies may also be able to be deleted from your computer, app or other device. However, be aware that some areas or functions of our websites, apps and other technologies depend on cookies and may not work if you delete or do not accept them.
Please contact us at cookies@mercator.com.au. for more information about the use of cookies.
6. Security
Once we hold any personal information, we will take reasonable steps to protect that information from unauthorised access, loss, misuse, modification, interference or disclosure. Where your personal information is provided to us electronically (including over the internet or via the use of any apps) we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.
If we collect any unsolicited personal information or if we no longer need the information for our activities or functions, we will, if practicable and reasonable to do so or required by law, destroy the information or ensure that the information is de-identified.
7. Access to personal information
If you wish to request access to any personal information which we may hold about you as a result of our information collection practices set out in this Privacy Policy, or if you wish to comment on or query our Privacy Policy, make an inquiry or correction regarding any personal information relating to you which we may hold, or if you have a complaint about our compliance with the applicable privacy laws, please contact the Mercator Privacy Officer on the contact details listed below. We will deal with such a request in accordance with the requirements of the applicable privacy laws.
A reasonable access fee may be charged to cover our costs of providing the information to you unless the applicable privacy laws prohibit us from charging you for a request.
8. Variation
This Privacy Policy may be varied by us from time to time by us amending this Privacy Policy as published on our websites, apps or other technologies or by notice to you.
You agree that this Privacy Policy as so varied will apply to our collection and use of your personal information.
9. Miscellaneous
Nothing in this Privacy Policy shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any obligation or right implied by law and which by law cannot be excluded, restricted or modified.
Mercator, us, we or our means Mercator Pty. Ltd. ACN 005 946 958.
Any person, firm, company, government body or other entity who provides personal information to us is referred to as you or your.
Law includes any applicable privacy laws to the extent they apply to you and the personal information held by Mercator.
Personal information means any information about an individual from which that person can be identified.
Any provision of this Privacy Policy which is or becomes prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective and severed to the extent thereof without invalidating any other provision of this Privacy Policy, and any such prohibition or unenforceability shall not invalidate such provision in any other jurisdiction.
Headings used in this Privacy Policy are for convenience only and shall be ignored in construing this Privacy Policy.
References to ”include”, “including” and like words are by way of example only and are without limitation.
References to any document (including this Privacy Policy) are references to that document as varied, amended, consolidated, supplemented, novated or replaced from time to time.
References to any law are references to that law as amended, consolidated, supplemented or replaced from time to time.
This Privacy Policy shall be governed and construed in accordance with the laws of Victoria, Australia.
10. Contact Details
The contact details of the Mercator Privacy Officer are:
Privacy Officer
Mercator Pty. Ltd.
36 Lakeview Drive Scoresby VIC 3179
privacy@mercator.com.au
1300 552 255