Privacy Policy

PAPINELLE - PRIVACY POLICY

1. This Privacy Policy (Policy) explains how Papinelle Pty Ltd (ACN 108 816 226) and its related entities (Papinelle or our or we or us) collect, store, use, disclose and manage your personal information.
2. Papinelle’s key business activities include the retail and wholesale sale of sleep wear and associated goods and services (Products). We may use third parties located both locally and overseas in addition to our own resources to provide these Products.
3. This Privacy Policy also applies to Personal Information collected by Papinelle in connection with its website, social media accounts, applications (including mobile applications), software, WIFI networks and other technological means (including your device ID, geo-location information, IP address) (Online Platforms), as well as in connection with any direct communication between you and Papinelle.
4. By ordering our Products, using our Online Platforms and/or otherwise engaging with Papinelle, you consent to Papinelle using your Personal Information in accordance with this Privacy Policy and applicable Privacy Legislation.

SCOPE OF THIS PRIVACY POLICY

5. We understand that when ordering our Products and engaging with Papinelle, the privacy and confidentiality of Personal Information (as defined under the Privacy Act) is important to you. That’s why we fully respect your rights to privacy and are committed to protecting the personal and financial details you provide us in line with this Privacy Policy.
6. We are committed to protecting the privacy of everyone who orders our Products, uses our Online Platforms and/or engages with us, for them to understand what Personal Information we collect and store, and why we do so, how we receive and/or obtain that information, the rights an individual has with respect to their Personal Information in our possession, and with complying with current applicable laws in relation to privacy including the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (Privacy Act), the General Data Protection Regulation (EU) 2016/679 (GDPR), the Privacy Act 2020 (NZ) (NZ Privacy Act) and any other relevant legislation in the jurisdictions in which we operate (together, Privacy Legislation).

THE INFORMATION WE COLLECT

7. We may collect Personal Information that allows us to identify who an individual is and share any other Personal Information that may be required in order for us to provide the Products and facilitate our dealings with you.
8. The type of information we may collect includes:
   • Personal Information - we may collect personal details such as an individual’s name, location, date of birth, gender and nationality allowing us to identify who the individual is.
   • Contact Information - we collect information such as an individual’s email address, telephone number, third-party user names, residential, business and postal address and other information that allows us to contact the individual.
   • Social Media Information – we collect information about social media accounts linked to you, including data from your profiles regarding reach, impressions and demographics of your followers.
   • Financial Information - we collect financial information such as any bank or credit card details used to transact with us and other information that allows us to transact with the individual and/or provide them with our Services.
   • Statistical Information - we collect behavioral and statistical information about an individual and businesses in connection with the Services and/or the Online Platforms. This may include information collected from your device such as your device ID, geo-location information, IP address, browsing information and any Personal Information that you may provide directly or indirectly to us via websites, WI-FI services and mobile applications.

WHY WE COLLECT PERSONAL INFORMATION

9. We collect your Personal Information so that we can carry out the following actions:
   • to enable you to use our Online Platforms;
   • to provide our Products and associated services;
   • to communicate with you, including about our Products and offers which might interest you;
   • to provide you with information or advice;
   • to process payments by or to you in connection with our Products;
   • to create accounts, tax invoices or receipts;
   • to comply with our legal obligations;
   • to provide your Personal Information to third parties in order for them to supply the Products to you;
   • to consider and respond to complaints made by you;
   • to help us manage, develop and enhance our Products and services (including any collaborations or other activities that involve us sharing your Personal Information and data with our third parties);
   • to investigate incidents (including potential incidents) which occur on or at our premises; and
   • for the general management and conduct of our business.
10. We may disclose additional purposes for collection of your Personal Information in collection statements at the point of collection.

HOW INFORMATION IS COLLECTED

11. Information is collected in association with your order of our Products, enquiries made about Papinelle (including in respect of recruitment, our Products and/or business), through third parties engaged by us to assist with the provision of the Products or generally dealing with us directly or via our Online Platforms. 

WHEN PERSONAL INFORMATION IS USED & DISCLOSED

12. We will not use any Personal Information other than for the purpose for which it was collected (or a related purpose) other than with the individual’s permission or we are permitted to do so by law.
13. We will retain Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.
14. Subject to clause 21, we will not sell an individual’s Personal Information to unrelated third parties.
15. There are some circumstances in which we must disclose an individual’s information:
    • where we reasonably believe that an individual may be engaged in fraudulent, deceptive or unlawful activity that a governmental authority should be made aware of;
    • as required by any law (including the Privacy Act, NZ Privacy Act and GDPR); and/or
    • in order to sell our business (in that we may need to transfer Personal Information to a new owner).

SENSITIVE INFORMATION

16. Sensitive information is information about you that reveals your racial or ethnic origin, political opinions, religious or philosophical beliefs or affiliations, membership of a professional or trade association, membership of a trade union, details of health, disability, sexual orientation or criminal record.
17. It is our policy to only collect your sensitive information where it is reasonably necessary for our functions or activities and either you have consented or we are required or authorised under law to do so.

OPTING “IN” OR “OUT”

18. By indicating your acceptance of this Privacy Policy (including by clicking “I Agree” or any other similar button), you expressly consent to the collection and use of your Personal Information in accordance with this Privacy Policy.
19. An individual may opt to not have us collect their Personal Information. This may prevent us from offering them some or all of our Products or services and may terminate their access to some or all of the Online Platforms they access with or through us.
20. If an individual believes that they have received information from us that they did not opt in or out to receive, they should contact us via the contact details set out in clause 49.

DE-IDENTIFIED INFORMATION

21. We may use your Personal Information in de-identified form (de-identification being a process by which a collection of data or information is altered to remove or obscure personal identifiers and personal information) to assist us in running our business. We may also provide, including by way of sale, de-identified information in aggregated form, to third parties.
22. When your Personal Information is included in de-identified, aggregated data, it is not possible to identify you or anything about you from that data.

THE SAFETY & SECURITY OF PERSONAL INFORMATION

23. We may hold your Personal Information in either electronic or hard copy form.
24. If you provide information to us electronically we retain this information in our computer systems and databases. If you provide information to us in hard copy (paper) this information is normally retained in our files and a copy is made to our electronic files.
25. We will take reasonable steps to protect the personal information that we hold from misuse, loss, unauthorized access, modification or disclosure and we use industry standard security measures to safeguard and protect your information. 
26. We may disclose your Personal Information to third parties and service providers located overseas in connection with any purpose, including to overseas cloud computing hosts. We take reasonable steps to ensure that any such transfer of Personal Information will only be undertaken in compliance with the Privacy Act and NZ Privacy Act (and the GDPR, where applicable) and does not breach the privacy obligations relating to your Personal Information.
27. Subject to clause 26, we are not responsible for the privacy or security practices of any third party (including third parties that we are permitted to disclose an individual’s Personal Information to in accordance with this Privacy Policy or any applicable laws). The collection and use of an individual’s information by such third parties may be subject to separate privacy and security policies.
28. If an individual suspects any misuse or loss of, or unauthorised access to, their Personal Information, they should let us know immediately.
29. We are not liable for any loss, damage or claim arising out of another person’s use of the Personal Information where we were authorised to provide that person with the Personal Information.

HOW TO ACCESS AND/OR UPDATE INFORMATION

30. If you would like us to update or amend your Personal Information, please contact us and we will make the requested amendments.
31. If you would like us to provide copies to you of your Personal Information which we hold, please contact us and we will comply with your request to the extent required by law.
32. We may ask you to verify your identity to ensure that Personal Information we hold is not improperly accessed.

RIGHT TO BE FORGOTTEN

33. In the event that you decide that you no longer want us to hold your Personal Information, you may notify us in writing of your desire for us to delete your Personal Information on record. We will use our best endeavours and comply with all legal requirements within a reasonable timeframe to delete your Personal Information, unless we are required by law to retain such information.

LINKS

34. Links from our Online Platforms or correspondence to any third party services (including in any materials that we provide to you in the course of providing our Products) that we do not operate or control are provided for your convenience. We are not responsible for the privacy or security practices of services that are not covered by this Privacy Policy. Third party services should have their own privacy and security policies which we encourage you to read before supplying any Personal Information to them.
35. Any Personal Information collected via third party services is also subject to and will be held and used in accordance with this Privacy Policy.

COOKIES

36. We may use temporary (session) cookies or permanent cookies when you access our Online Platforms and/or Products. This allows us to recognise your browser and track the web pages you have visited. You can switch off cookies by adjusting the settings on your web browser.  We also use  the services of third-party vendors, who may implement one or more persistent Cookies and Tracking Technologies. The collection, use, and disclosure of information, including Personal Data, collected by third party Cookies and Tracking Technologies are subject to the privacy and data protection policies of the third-party vendors and are not under our control.  These named third parties may include, for example, Rakuten Advertising and providers of external services like web traffic analysis services. These third party Cookies and Tracking Technologies are likely to be analytical or performance cookies or targeting cookies.

CCTV

37. We may use CCTV surveillance to monitor and record activities at our premises. The main purpose of this is to ensure a safe and secure environment for our visitors. We may also use your Personal Information collected from CCTV for security and risk management and incident investigation or as otherwise permitted by law or set out in this Privacy Policy.

WI-FI SERVICES

38. We may offer a free Wi-Fi network service at certain premises.
39. If you are carrying a Wi-Fi enabled device within range of one of our Wi-Fi networks, we may pick up certain data that is transmitted from your device (whether or not you join our Wi-Fi network) including:
    • your device ID, device type, IP address and MAC address;
    • geo-location information and any movement of your device throughout our premises; and
    • any other information which you may voluntarily provide to us while accessing our Wi-Fi networks, for example, your name, email address, the details of the websites or mobile applications whilst you are connected to your network.
40. We will only use information or data collected via our Wi-Fi network service in accordance with, and for the purposes set out in this Privacy Policy, or as permitted by law.
41. If you do not want this information collected, you can disable Wi-Fi and Bluetooth on your device and not sign into the Wi-Fi network.

DIRECT MARKETING

42. We and/or our carefully selected third party business providers may contact you with direct marketing communications and information about the Products or other products and services offered by us via telephone, email, SMS, or regular mail.
43. If you have indicated a preference for a method of communication, we will endeavor to use that method wherever practical to do so.
44. You may opt out of receiving marketing communications at any time by responding via the channel in which you received the marketing communication, or by contacting us via the contact details set out in clause 49. You can unsubscribe from emails by clicking the unsubscribe link on the footer of the email communication you have received.

PRIVACY LEGISLATION

45. If you are:
    • a resident of the European Union accessing our Online Platforms or receiving our Services in Australia or New Zealand; or
    • accessing our Online Platforms or receiving our Services from within the European Union,

then in addition to our obligations under the Privacy Act and the NZ Privacy Act, Papinelle is required to comply with the GDPR with respect to your Personal Information.

46. Any reference to Personal Information in this Privacy Policy also has the corresponding meaning under applicable Privacy Legislation.
47. Papinelle takes the security and privacy of your Personal Information seriously and has prepared this Privacy Policy and taken measures to collect, process and hold all Personal Information in compliance with applicable Privacy Legislation regardless of the user.

COMPLAINTS AND DISPUTES

48. If an individual needs to contact us or has a complaint about our handling of their Personal Information, they should address their communication in writing to the details below:
49. Address: Papinelle Pty Ltd, 112 Oxford St Paddington, NSW 2021 or email our privacy officer john@papinelle.com
50. If we have a dispute regarding an individual’s Personal Information, we both must first attempt to resolve the issue directly between us.
51. If we become aware of any unauthorised access to an individual’s Personal Information we will inform them at the earliest practical opportunity once we have established what was accessed and how it was accessed. If there is a breach of privacy involving your Personal Information, we will comply with any legal obligations in the Privacy Act and NZ Privacy Act.
52. If you are dissatisfied with the response that you receive from us, you may have the right to make a complaint to the Office of the Information Commissioner (Australia) and the Privacy Commissioner (New Zealand).

ADDITIONS TO THIS POLICY

53. If we decide to change this Privacy Policy, we will post the changes on our website. Please refer back to this Privacy Policy to review any amendments.

54.  

    “The below companies may collect personal information when you interact with our digital property, including IP addresses, digital identifiers, information about your web browsing and app usage and how you interact with our properties and ads for a variety of purposes, such as personalization of offers or advertisements, analytics about how you engage with websites or ads and other commercial purposes. For more information about the collection, use and sale of your personal data and your rights, please use the below links.”

     Rakuten Advertising:

    https://rakutenadvertising.com/legal-notices/services-privacy-policy/

    https://rakutenadvertising.com/legal-notices/services-privacy-rights-request-form/

MOBILE TERMS OF SERVICES

The Papinelle AU mobile message service (the "Service") is operated by Papinelle AU (“Papinelle AU”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Papinelle AU’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Papinelle AU through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Papinelle AU. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18557751228 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Papinelle AU mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18557751228 or email info@papinelle.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Version Date: January 2023