Privacy Policy
Last Updated: August 2023
1. INTRODUCTION
Purpose
The purpose of this Privacy Policy is to describe how Pelican Products Pty Ltd ACN 129 367 255 (Pelican, us, we, our) collects, uses, discloses, stores, handles and protects your Personal Information. Please read this privacy policy (Privacy Policy) carefully to understand what we do.
If you do not understand any aspects of our Privacy Policy, please feel free to contact us on the details listed at the end of this Policy.
Our Privacy Policy explains:
- What Personal Information is
- Information we collect and why we collect it
- How we use and share your information
- Access to and correction of your Personal Information
- Security of your Personal Information
- Cross-border disclosure of your Personal Information
- Changes to this Privacy Policy
- Questions and how to contact us
What is Personal Information?
In this Privacy Policy, 'Personal Information' has the meaning set out in applicable privacy laws, including the Privacy Act 1988 (Cth) (Privacy Act). In general terms, Personal Information is information (whether fact or opinion) about an individual who is identified or reasonably identifiable from that information or other information combined with that information.
Some types of Personal Information are classified as 'sensitive information' (including 'health information' and biometric data), which are subject to additional higher protections under the Privacy Act. Sensitive information may include information about your residency status, citizenship, racial or ethnic origin, medical history and/or health status, or a health-related service you have had or will receive, including test results and appointment details.
Scope / Third Party Sites
This Privacy Policy applies to Personal Information we collect:
Pelican is part of the wider Pelican group of companies (Pelican Group), which includes companies such as Pelican Inc. About Pelican Products, Inc. and corporate news | Pelican and Peli BioThermal Limited About Us | Peli BioThermal. Some of our affiliated sites owned by Pelican and/or the Pelican Group are governed by their own separate privacy policies. You should visit these separate policies and sites where you are engaging with any affiliates of Pelican outside of Australia.
Further, while this Privacy Policy relates to all of your Personal Information collected and handled by us, including through your use of our products or services facilitated by our Group members and third party partners, or collected by our Group members and third party partners which is provided to us in relation to any of our products or services, it does not cover our Group members or third party partners' collection, use or disclosure of personal information, for which you should refer to their own privacy policy.
Our Site(s) may also contain links to third party websites that are not owned or controlled by Pelican. For example, consumers in certain countries and jurisdictions may be directed to websites owned and operated by independent or third party dealers. Please be aware that we are not responsible for the privacy practices of websites not owned or operated by Pelican.
Please review the privacy policy available on each Site(s) you visit for the privacy practices with respect to that Site(s).
2. INFORMATION WE COLLECT AND WHY WE COLLECT IT
Information We Collect Directly from You
We collect Personal Information from you, including:
- personal and contact details, including name, postal address, e-mail address, telephone number, credit or other payment card information (in limited circumstances and only where provided by you), any other identifier by which you may request to be contacted online or offline;
- transactional and behavioural information – including records of transaction you make using our products and/or services and your interactions with us including complaints, queries and your use of our products and/or services;
- Site(s) usage information, including traffic data, location data, logs, referring/exit pages, date and time of your visit to our Site(s), error information, clickstream data, and other communication data and the resources that you access and use on the Site(s); and/or
- technical information about your internet connection, the equipment you use to access our Site(s) and/or usage details.
Depending on the circumstances in which you engage with us, including the product or service you obtain, from us, and whether it is directly from us or with the support of one of our partners, you can provide information to us directly, such as when you purchase products from us (whether in person, on the phone, electronically via email or on our Site(s).), fill out forms on our Site(s) or digital forms, contact us, voluntarily respond to surveys we provide from time to time, or create an account with us.
If you contact us to make a general enquiry about us or our business, you do not have to identify yourself or provide any Personal Information. Alternatively, you can also notify us that you wish to deal with us using a pseudonym.
However, if we cannot collect personal information about you or if you use a pseudonym, we may not be able to provide you with the information or assistance you require. For example, the Personal Information we collect from you is required to enter into a contract with Pelican, for Pelican to perform under the contract, to provide you with our products and services, to respond to questions or inquiries from you, or provide you with requested information about us, our product, or our services (for example, if you fail to provide a valid email address).
If you refuse to provide such Personal Information or, where applicable, withdraw your consent to our processing of your Personal Information, then we may not be able to enter into the contract or fulfil our obligations to you under it. You must notify Pelican of any modification to the Personal Information provided and you will be solely liable for the veracity and accuracy of the Personal Information you provide to us.
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Site(s) or transmitted to other users of the Site(s) or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
When you purchase products from us, you may provide us information like your payment card or bank account information, shipping address or delivery instructions. We use this information in connection with, for example, you order, including processing, fulfilling, and delivering your order, and to provide support in connection with the products you purchase.
We generally do not collect and do not process any sensitive Personal Information. Where we do, we will obtain your written informed consent before collecting or using your sensitive Personal Information.
Information We Collect through Automatic Data Collection Technologies and from Third Parties
As you navigate through our Site(s) and otherwise interact with our Site(s), we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns.
The information we collect automatically may include Personal Information, or we may maintain the collected information or associate it with Personal Information we collect in other ways or receive from third parties. We collect Personal Information and information about the computers, devices, or browsers that are used to access our Site(s) and interact with us, as well as your Internet activity as you use and interact with our Site(s). The information we collect may include unique identifiers, browser type and settings, device type and settings, operating system, mobile network information (including carrier name and phone number), and application version number. We also collect information about the interaction of your apps, browsers, and devices with our services, including IP address, device type, crash reports, system activity, wireless carrier name (when you use a wireless or mobile device), and the date, time, and referrer URL of your request.
We may collect information about your activity on our Site(s), Internet, network, and other online activity information, such as browsing history, search history, and information regarding your interaction with our Site(s) and other websites. We use various technologies to collect and store location information, including cookies, pixels or pixel tags, local storage, such as browser web storage or application data caches, databases, session replay, and server logs.
We may collect information about your location when you use our Site(s), which helps us provide our Site(s) Services, features and functionality. Your location can be determined with varying degrees of accuracy by:
- GPS
- IP address
- sensor data from your device; and/or
- information about things near your device, such as Wi-Fi access points, cell towers, and Bluetooth-enabled devices
The types of location data we collect depends, in part, on your device and account settings. For example, you can turn your mobile device’s GPS and location services on or off using your device’s settings.
From time to time we may collect Personal Information about you (and sensitive information where you have agreed or we are otherwise permitted to do so) from others.
For example, we may collect your information from other Pelican Group companies for provision of our products and services; or from your use of our products or services (whether under our brand or the brand of any of our business partners or Group companies) facilitated by our business partners where access (or a link) to those products or services is provided to you by our business partners. We may also collect information about you from other organisations we jointly provide products or services with or have an arrangement with to provide our products or services to you. In some circumstances, Pelican may also collect information about you from publicly accessible sources.
We may collect information about you from trusted partners, such as marketing partners that provide us with information about our potential customers, and/or third party service providers engaged by us or another member of the Pelican Group to provide financial, administrative or other services to the Pelican Group, including security partners that provide us with information to protect against fraud and abuse of our Site(s).
This data collection helps us to improve our Site(s) and our products and/or services, and to deliver a better and more personalised service by enabling us to:
- better provide our products and services to you, including the operation of our Site(s);
- estimate our audience size and usage patterns;
- store information about your preferences, allowing us to customise our Site(s) according to your individual interests;
- develop and improve our Site(s), our products, and our services; and
- recognise you when you return to our Site(s).
For details about our automated data collection technologies and cookies, please refer to the section ‘Advertising & Cookies’ below.
No Information from Children - under 18 years old
If you are under the age of 18, please do not attempt to register with us at this Site(s) or provide any Personal Information about yourself to us. By registering at this Site(s) or providing any Personal Information, we will make the assumption that you are over the age of 18 years old. . If we learn that we have collected Personal Information from an individual under the age of 18 years old, we will promptly delete that information. If you believe we might hold, collect or use any information from an individual under the age of 18 years old, please Contact Us online or call us directly (in Australia) at 03 9765 1500.
3. HOW WE USE AND SHARE YOUR PERSONAL INFORMATION
Use of your Personal Information
We use your Personal Information for purposes collected including managing our business and providing our products and services to you, including to:
- provide our products and services to our customers or to receive goods or services from third parties;
- enable the proper operation and functionality of our products and services;
- to process your payments;
- verify your identity (for example, if you request access to the Personal Information we hold about you);
- consider you for a job at Pelican (whether as an employee or contractor) or other relationships with us;
- manage your employment or engagement with Pelican;
- communicate with you, and to address any issues or complaints that we or you may have regarding our relationship and our products and/or services;
- prevent, detect and investigate suspicious, fraudulent, criminal or other activity that may cause you, us, Pelican Group, or others harm, including in relation to our products and services;
- identify opportunities to improve our products and services and to improve our service to you;
- gain insights about you so that we can serve you better, understand your preferences and interests, personalise your experience and/or enhance products and services you are offered and receive;
- for direct marketing purposes (see "Direct Marketing Communications" below);
- contact you regarding any of the above, including via electronic messaging such as SMS and email, by mail, by phone or in any other lawful manner;
- comply with our legal obligations such as notifying you of matters that we may be required by law to do so;
- meet any applicable law, regulation, subpoena, legal process, or enforceable governmental request;
- enforce our Terms of Service, including investigation of potential violations; and/or
- detect, prevent, or otherwise address security or technical issues.
We may also use or disclose your Personal Information for our administrative, marketing (including direct marketing), planning, product or service development, quality control, survey and research purposes and] for other purposes to which you have consented, or as otherwise permitted or required by law.
Technical information and general analytics are used for the purpose of gauging visitor traffic, trends and delivering personalised content to you while you are on our Site(s), and to improve our Site(s) and our products and services (see "Information We Collect through Automatic Data Collection Technologies" above).
Direct marketing communications
If you have previously authorised us to do so, we may send you direct marketing communications (either through mail, SMS or email), including information about our products, services, and new offerings. You can opt-out of receiving direct marketing and promotional materials or communications from Pelican by sending us an email at info.australia@Pelican.com saying "Please remove," or using the opt-out or unsubscribe feature contained at the bottom of these communications.
To whom we disclose your Personal Information
We may disclose your personal information to third parties in connection with the purposes described above (see the "Use of your Personal Information" section).
This may include disclosing your personal information to the following types of third parties:
- our related companies and Pelican Group members;
- any potential third party acquirer of our business or assets, and advisors to that third party;
- our professional advisers (such as lawyers, accountants or auditors) and insurers;
- our employees, contractors and third party service providers who assist us in performing our functions and activities e.g. payment gateway providers and financial institutions, cloud service providers, data storage providers, shipping companies, telecommunications providers and IT support services providers;
- organisations authorised by us to conduct promotional, research or marketing activities;
- third parties to whom you have authorised us to disclose your information (e.g. referees); and
- any other person as required or permitted by law.
In particular, we may provide information to third party service providers that help us process orders, and to fulfil and deliver products and services that you purchase from us. This includes the company that manages and operates our online store, and our authorised dealers and distributors who help us provide, fulfil, ship, and process orders and product purchases. We may use third parties to help host our Site(s) and provide other technology support, send out email updates, provide marketing and advertising services, remove repetitive information from our user lists, and process payments. All these service providers will have access to relevant Personal Information in order to provide these services. When this occurs, we implement reasonable contractual and technical protections to limit their use of that Personal Information to that necessary in order for the provision of their relevant service. We use demographic information to better understand our customers and improve our products and services.
We may also share your Personal Information with distributors in our network so that they may contact you with information about our products, which we believe may be of interest to you.
Advertising & Cookies
With your consent, we may process your browsing and shopping patterns to show you advertisements for Pelican or our advertising partners that are relevant to your interests.
Pelican does not use your Personal Information with any automated decision-making process, including profiling. However, we use cookies and other information to provide relevant interest-based advertising to you, including the use of automatic identifiers in emails that direct you to information, products, and services that may be of interest to you. Interest-based advertisements are advertisements presented to you based on your browsing behaviour in order to provide you with advertisements more tailored to your interests. These interest-based advertisements may be presented to you while you are browsing our Site(s) or third-party sites not owned by Pelican. We belong to ad networks or use marketing companies that may use your browsing history across participating websites to show you interest-based advertisements on those websites.
You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of our Site(s) may then be inaccessible or not function properly. If you choose to opt out, you will continue to see advertisements on our Site(s) but they will not be based on how you browse and shop.
We do not respond to “do not track” signals or similar mechanisms to indicate that you do not wish us to collect information about your online activity or receive interest-based advertisements. To learn more about interest-based advertisements and your opt-out rights and options, visit the Digital Advertising Alliance and the Network Advertising Initiative websites): (www.aboutads.info and www.networkadvertising.org).
Transfer in the Event of Sale or Change of Control
If the ownership of all or substantially all of our business changes or we otherwise transfer assets relating to our business or the Site(s) to a third party, such as by merger, acquisition, bankruptcy proceeding or otherwise, to the maximum extent permitted by applicable laws, we may transfer or sell your Personal Information to that third party on notice to you. Following any such transfer, you will be able to contact the third party to whom we transferred your Personal Information with any enquiries concerning the processing of your Personal Information.
4. ACCESS TO AND CORRECTION OF YOUR PERSONAL INFORMATION
You may request access to any Personal Information we hold about you at any time. We will provide access to that information in accordance with the Privacy Act, subject to any exemptions that may apply. We may charge an administration fee in limited circumstances, but we will let you know in advance if that is the case.
If you believe that Personal Information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. Where we agree that the information needs to be corrected, we will update it. If we do not agree, you can request that we make a record of your correction request with the relevant information.
You can also ask us to notify any third parties that we provided incorrect information to about the correction. We will try and help where we can - if we can’t, then we will let you know.
You may exercise your rights above by contacting Pelican using the 'Contact Us' information set out below. Your request must include the following data: full name, address for correspondence, and copy of information that we request to ensure that we can identify you. In the case of representation by a third party, this must be proven by means of an authenticated document.
5. SECURITY OF YOUR PERSONAL INFORMATION
We have implemented a range of reasonable physical, electronic and other security measures designed to secure the confidentiality, protection and integrity of your Personal Information from accidental loss and from unauthorised access, use, alteration, and disclosure. For example, access to your Personal Information is password-protected, and certain Personal Information (such as payment information) is protected by encryption when it is exchanged between your web browser and our Site(s). Access to our information technology systems is controlled through usual market identity and access management controls.
However, since the Internet is not a completely secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or organisational safeguards. The safety and security of your Personal Information also depends on you. It is your responsibility to protect the security of your login information. Please note that e-mails, User Contributions, and other communications you send to us through our Site(s) are not encrypted, and we strongly advise you not to communicate any confidential information through these means.
How we store your Personal Information
We store your Personal Information using electronic record keeping methods in secure databases. We do not combine or link Personal Information we hold about you with other Personal Information about you from third party sources.
We will store your Personal Information as long as is necessary for the purposes for which your Personal Information was collected (as outlined in this Privacy Policy), or for as long as we are required by law. After the expiration of such a period we will delete your Personal Information from our systems or de-identify your Personal Information in a way that prevents attribution. After you close your account, we may retain your Personal Information:
- for as long as necessary to comply with any legal requirement;
- on our backup and disaster recovery systems in accordance with our backup and disaster recovery policies and procedures;
- for as long as necessary to protect our legal interests or otherwise pursue our legal rights and remedies; and
- for data that has been aggregated or otherwise rendered anonymous in such a manner that you are no longer identifiable.
6. CROSS-BORDER DISCLOSURE OF YOUR PERSONAL INFORMATION
Your Personal Information may be transferred overseas or stored overseas for a variety of reasons including: (i) to Pelican Group companies located overseas to help us deliver or support the provision of our products and services to you; and (ii) third party organisations operating overseas with whom we partner to provide our products and services to you, including our contracted technical service providers who may operate overseas,. It is not practical for us to list every country where such overseas recipients may be located, however these are likely to include the USA, UK and Singapore.
7. CHANGES TO OUR PRIVACY POLICY
Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your consent except where permitted by, and/or always in accordance with, applicable laws. An up-to-date version of this Privacy Policy will be available at any time on this page. If any changes made are significant, we may provide a more prominent notice (including, for certain services, email notification of relevant changes). We can retain prior versions of this Privacy Policy in an archive for review upon request.
8. QUESTIONS, COMPLAINTS AND HOW TO CONTACT US
If you have a query, concern or complaint about the manner in which your Personal Information has been collected or handled by us or would like to request access to or correction of the Personal Information we hold about you, please contact using the details provided below:
Email: info.australia@pelican.com
Phone: 03 9765 1500
We are committed to resolving any complaints reasonably and we always strive to do the right thing by our customers. We will make all reasonable inquiries and your complaint will be assessed with the aim of resolving any issue in a timely and efficient manner. We ask that if you are ever unhappy about something we have done – or perhaps not done – please give us the opportunity to put things right first.
If you have raised a complaint with us and you are still unsatisfied with the outcome or have further concerns about the way we handle your Personal Information, under the Privacy Act, you may complain to the Information Commissioner at the Office of the Australian Information Commissioner, whose contact details are set out below:
Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
Phone: 1300 363 992
Online: www.oaic.gov.au
Email: enquiries@oaic.gov.au
This Privacy Policy was published on: 18th August, 2023
