1. Definitions

• "Act" means the Privacy Act 1998 (Cth).

• "Company" means Superior Lifestyle Pty Ltd.

• "Designated Contact Person" means the General Manager.

• "Health Information" means information about an individual’s state of health or disability (at any time), as well as other Personal or Sensitive Information collected while an individual is receiving a health service (such as notes about conditions, symptoms, observations and/or opinions of an individual’s health, prescription information, test results and reports).

• "Personal Information" means information or an opinion about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion. The information may or may not be true and may or may not be in writing.

• "Policy" means this Privacy Policy.

• "Sensitive Information" is a subset of Personal Information and means information or an opinion about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal record, health information, genetic information or biometric information.

• "Worker" means a permanent, casual or temporary employee, apprentice or trainee, independent contractor, sub-contractor, labour-hire employee or volunteer engaged by the Company.“ACL” means the law pursuant to Schedule 2 of the Competition and Consumer Act 2010 (Cth).

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2. Overview

• The Company acknowledges its obligations under the Act and is committed to protecting and maintaining the security of Personal Information obtained through its operations.

• This Policy explains how the Company collects verbal and written information and how the Company may store, maintain, disclose and use that information. The Australia Privacy Principles (APP) set out the obligations that Comapnies must comply with and these have been incorporated into the Policy to ensure compliance with the Act.

• The Company takes its obligations to protect Personal Information very seriously. All workers must ensure that Personal Information is collected and stored in a safe, secure and confidential manner. This will be achieved by ensuring the integrity of the manner in which Personal Information is collected and stored. A failure to comply with this Policy may result in disciplinary action. The action taken will depend on the circumstances but may involve a warning, counselling, demotion or dismissal.

• The Company will ensure access to Personal Information is limited only to those people necessary, who require the information in order to perform their duties. The Company will only use or disclose Personal Information for the primary purpose for which the information was collected (detailed further below). When Personal Information is to be used or disclosed for a purpose other than the primary purpose for which it was collected, consent will first be obtained from the individual, except in the following circumstances:

  • where the individual would reasonably expect the Company to use or disclose the Personal Information for that secondary purpose and that purpose is related to the primary purpose of collection, or, in the case of Sensitive Information, directly related to the primary purpose;

  • where use or disclosure for a secondary purpose is required or authorised by or under an Australian law or a court or tribunal order;

  • a permitted general situation (as defined in the Act) exists in relation to the secondary use or disclosure;

  • a permitted health situation (as defined in the Act) exists in relation to the secondary use or disclosure; or

  • the Company reasonably believes that secondary use or disclosure is reasonably necessary for one or more enforcement related activities.

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3. When We Collect Personal Information

• The Company may collect Personal Information in a number of ways. The Company is required to collect Personal Information in the normal course of providing goods and services.

• The activities and functions of the business that may require the Company to collect Personal Information (including Sensitive Information) include:

  • identifying an individual's needs, interests and desires,

  • assessing an individual’s suitability for goods and services,

  • arranging temporary in-home product demonstrations,

  • preparing for showroom demonstrations,

  • submitting an application for credit through third party credit providers,

  • discussing various alternative payment options including government funded schemes such as the National Disability Insurance Scheme or MyAgedCare Packages,

  • processing sales orders, invoices and consignments,

  • processing payments and refunds,

  • receiving and responding to customer complaints or grievances,

  • receiving and responding to maintenance or service requests,

  • promoting the Company’s goods and services,

  • promoting the goods and services of affiliated companies, partners and joint ventures.

• The Company also collects Personal Information through temporary (session) cookies or permanent cookies when an individual accesses the Company's website. Cookies can be used to track usage behaviour and aggregate data to allow the Company to customise an individual's experience on the website. Individuals can switch off cookies by adjusting the settings on their web browser.

 

4. How We Collect Personal Information

• The Company will only collect Personal Information from an individual by lawful and fair means. Common ways that the Company may collect Personal Information about an individual include:

  • when an individual has accessed and used the Company's website,

  • when an individual has interacted with the Company's social media profiles,

  • when an individual has responded to the Company's online or printed marketing campaigns and advertisements,

  • when an individual has a direct or indirect conversations with Workers (whether online, via SMS, phone call, email, post or face-to-face),

  • when an individual completes forms in relation to recruitment, the performance of services or termination.

• The Company may also collect Personal Information (other than Sensitive Information) from third parties where approriate, including:

  • from any related bodies corporate,

  • from any affiliated companies, partnerships or joint ventures,

  • from any publicly available sources,

  • from any private company data providers who can demonstrate compliance with applicable data protection legislation, and

  • from any nominated referees or recruitment agencies (where the individual has given express authorisation to do so).

• The Company will only ever collect Sensitive Information directly from the individual it concerns or a representative acting with the individual's express authority. The Company will typically collect all other Personal Information from the individual directly and/or their representative, unless it is unreasonable or impracticable to do so or the Company is otherwise required or permitted by law to collect such information from a third party. 

 

5. What Personal Information We Collect

• The Company may collect the following types of Personal Information:

  • an individual's salutation, full name, preferred name, contact details (such as telephone number, email address, social media profiles, residential address and billing address),

  • an individual's sex, age, date of birth and occupation,

  • an individual's relationship status,

  • an individual's signature or written expression of consent,

  • an individual's proof of identity such as a driver's licence, passport, medicare card or other government issued identification as well as copies of such,

  • an individual's residential status (such as whether they are renting, boarding, living with parents, own a property with or without a mortgage or otherwise),

  • an individual's income status including before and after tax amounts on a weekly or fortnightly basis (for the purposes of determining their suitability for credit facilities and ability to meet repayments),

  • an individual's preferred method of payment (such as bank account name, BSB and account number, credit or debit card number, expiry and security code or otherwise),

  • the contact details for an individual's nominated representative or power of attorney,

  • the contact details for an individual's funding provider (such as Plan Managers for the NDIS or MyAgedCare Packages),

  • an individual's health condition including but not limited to specific health issues affecting their sleep performance,

  • an individual's employment history, working eligibility rights and referee contact details (for the purposes of determining their suitability for available positions within the Company),

  • any other information the individual is happy to provide.

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6. Other Information We May Collect

• The Company may also collect information that is not Personal Information because it does not identify an individual personally. This information is normally retained alongside Personal Information and may include:

  • information necessary to carry out a delivery or maintenance request;

  • information necessary to fulfil any warranty and repair obligations;

  • an individual's marketing preferences, including the type of marketing materials and method of delivery (whether by email, SMS, direct mail or other);

  • information provided via an online survey for the purposes of requesting tailored advice, prices or a call back from a Sleep Specialist,

  • information provided via an online survey in relation to the customer experience,

  • information provided via other forms (whether physically or online) such as a competition entry.

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7. Why We Collect Personal Information

• The Company may use or disclose Personal Information for:

  • the express purposes for which it was collected and disclosed, including related or incidental purposes which would be reasonably expected by the individual,

  • other purposes to which the individual has consented, and/or

  • as otherwise authorised or required by law.

• The primary purposes for which the Company commonly collects, uses and discloses Personal Information are:

  • to assist the individual with obtaining a Class IA Medical Device listed in the Australian Register of Therapeutic Goods,

  • to accommodate the individual's specific health needs and offer generic advice for their personal circumstances,

  • to offer, sell and deliver goods and/or services to customers, whether directly or indirectly with the assistance of external service providers,

  • to provide information and/or generic advice on available health care packages, government schemes, concessions and discounts available from time to time,

  • to market goods and/or services, including through in-home demonstrations, special promotions and campaigns in place from time to time,

  • to carry out a background identification check and credit check for the purposes of determining the individual's ability to meet repayments over a particular period of time,

  • to offer alternative solutions through affiliated companies, partners and joint ventures,

  • to answer any queries and provide generic advice or information,

  • to carry out activities relevant to fraud and loss prevention, customer analysis, sales analysis, quality control, repairs and market research,

  • to carry out a full and proper investigation into any complaints brought against the Company,

  • to comply with any relevant laws and/or regulations, or directions given by regulators or authorities, and

  • to assess an individual's suitability for available positions within the Company.

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8. Refusing the Collection of Personal Information

• If the Company is unable to collect, use or disclose Personal Information in ways outlined in this Policy, some or all of the following may occur:

  • the Company may be unable to offer goods and services, to the requested standard or at all,

  • the Company may be unable to provide further information about its goods and services,

  • the Company may be unable to tailor the content of any direct marketing communications to suit individual preferences,

  • the Customer's experience during interactions with the Company may be delayed or not as efficient as one may expect, and

  • whre the individual is a candidate for employment, the Company may not be able to proceed with the application.

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9. How Personal Information is Stored & Secured

• The Company may hold Personal Information in either electronic or hard copy form.

• If such information is provided or recorded electronically, the Company may retain this information in secured computer systems and databases. This includes computer software programs, internet servers and hosted internet solutions provided by third parties.

• The Company will take all reasonable steps to destroy or de-identify any Personal Information it holds, if it is no longer required for any purpose stipulated in this Policy or otherwise required by law.

• The Company understands the importance of Personal Information to each individual and has strong security measures in place to safeguard and secure the information it collects in order to prevent unauthorised access, modification or disclosure and misuse, interference or loss. This includes but is not limited to:

  • two-factor authentication,

  • IP restrictions,

  • encrypted databases and communication systems,

  • workplace surveillance,

  • extensive building security measures and restricted access to sensitive areas,

  • regular policy training for Workers,

  • regular audits and password changes across the organisation.

• With respect to any third party provider of Personal Information, the Company also requires an assurance that all information has been lawfully obtained and handled in compliance with applicable data protection legislation.

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10. Why We Disclose Personal Information

• Personal Information may be disclosed in accordance with this Policy to any of the following:

  • the Company's Workers to the extent reasonably necessary to perform their duties,

  • the Company's third party service providers, to the extent reasonably necessary to fulfill its obligations (including, but not limited to, auditors, sales consultants, IT consultants, credit facility providers, mailing houses, couriers, removalists, payment processors, data entry service providers, debt collection agencies and government authorities),

  • the Company's related bodies corporate, affiliates or partners to the extent reasonably necessary to offer a viable solution based on the individual's personal circumstances,

  • the Company's business advisors and financial lenders including lawyers, accountants or other professional service providers, but only to the extent reasonably required;

  • the Company's suppliers and distributors with whom it has commercial relationships, to the extent reasonably necessary to fulfill its obligations,

  • to any person required and authorised by law (e.g. the police service, ambulance service, or government departments or regulators within Australia in connection with law enforcement activities).

• Where Personal Information is shared with a third party, the individual will be made aware and the Company will reinforce the confidential nature of this information and each party's obligations with respect to use or disclosure for secondary purposes.

• The Company will also seek assurance from third parties that personal information within their possession is managed and destroyed appropriately, in compliance with the applicable privacy laws. The Company will endeavour to reflect this discussion in writing and seek mutual agreement from the third party.

• Personal Information will not be shared, sold, rented or disclosed other than as described in this Policy.

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11. Direct Marketing Communications

• Where an individual has provided consent, or where otherwise permitted by law, the Company may use Personal Information to send the individual direct marketing communications via email, SMS or registered post. This includes information about available goods and/or services.

• Within all marketing communications, the Company will provide a simple means for individuals to “opt out” and unsubscribe from the Company’s mailing list. For example, individuals will be able to unsubscribe from emails by clicking the unsubscribe link on the footer of the email communication they have received. Alternatively, they may opt out of receiving marketing communications at any time by contacting the Company on 1300 825 931 or emailing info@superiorlifestyle.com.au.

• If an individual has indicated a preferred method of communication, the Company will endeavor to use that method wherever practical to do so.

• The Company does not provide Personal Information to any other organisations (except its related bodies corporate, affiliates or partners) for the purposes of direct marketing communications.

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12. Accessing or Correcting Personal Information

• If you believe we hold Personal Information about you, you may obtain access by making a request in writing via info@superiorlifestyle.com.au.​ Subject to any exemptions which may apply at law, we will provide a record of your personal information to you, normally via your preferred contact method (phone, email or mail). We will not normally charge a fee for granting access to Personal Information but reserve the right and discretion to do so. We may ask you to verify your identity and for proof of identity to ensure that personal information we hold is not improperly accessed.

• If you would like to request us to update or amend the Personal Information we hold about you, please contact us and we will make the requested amendments, subject to any exemptions which may apply at law. We reserve the right to be satisfied that the information collected is inaccurate, out-of-date, incomplete, irrelevant or misleading. We may also ask you to verify your identity and for proof of identity to ensure that personal information we hold is not improperly accessed.

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13. Privacy Complaints

• If you believe that we have breached your privacy rights in any way or you would like to discuss any issues about this Policy please contact us by calling 1300 825 931 and asking to speak with the Designated Contact Person. Alternatively, please email info@superiorlifestyle.com.au.

• All enquiries or complaints will be taken seriously and handled with impartiality and discretion. If you wish to submit a complaint, please provide us with all relevant details such as the date and time of the incident or communication, the circumstances surrounding the event and your concerns about what was said or done. You will also receive an acknowledgment from us within 14 days confirming receipt of your complaint.

• Once you have submitted your complaint we will assess it to determine whether or not you have complained about a privacy issue which is covered by the relevant privacy laws. If you have complained about something which is not appropriately dealt with under privacy law, we will write to you and explain why we are unable to address your complaint. If you have complained about something which the relevant privacy laws cover, we will thoroughly investigate all aspects of your complaint including ascertaining the relevant facts and what your expectations are for any resolution.

• During our investigation we may need to seek further information from you as to the nature of or factual circumstances surrounding your complaint. We will endeavor to respond to you, using your preferred contact method if you have indicated one, at all times promptly and to offer a practical solution which is consistent with our legal obligations. If we are unable to resolve your complaint, we will explain why. If you are not satisfied with the outcome of our assessment of your complaint, you may wish to contact the Office of the Australian Information Commissioner.

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