Privacy Policy

This Policy governs how Franky's (collectively herein referred to as; Franky's, Franky's Kitchen, the “Site”, us, our or we) collects, uses, and discloses your Personal Information when you visit or make a purchase from the Site.

This Policy also applies to Personal Information collected by Franky's in connection with its website, social media accounts, store point-of-sale, applications, software and other technological means (Online Platforms), as well as in connection with any direct communication between you and Franky's.

By continuing to use the Online Platforms and the Site, you consent to Franky's using your Personal Information in accordance with this policy.

Franky's uses third parties located both locally and overseas in addition to its own resources to provide these services.

Scope of this Policy

Franky's understands that when accessing our Services, the privacy and confidentiality of Personal Information (as defined under the Privacy Act) is important to you. Franky's fully respects your rights to privacy and are committed to protecting the personal and financial details you provide us in line with this Privacy Policy. This Privacy Policy applies to our Site and all individuals who use our Site or whose Personal Information is processed by Franky's.

We are committed to protecting the privacy of everyone who uses our Online Platforms and/or our Site, 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 the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (Privacy Act), the General Data Protection Regulation (EU) 2016.679 (GDPR) and the California Consumer Privacy Act of 2018 (CCPA).

Collecting Personal Information

When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchase.

In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as “Personal Information”.

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 and nationality allowing us to identify who the individual is;
• Contact Information - We collect information such as an individual’s email address, telephone & fax number, third-party user names, residential, business and postal address and other information that allows us to contact the individual;
• Device Information - We collect device information such as the version of your browser, IP address, time zone, cookie information, what pages and products you view, search terms and how you interact with the Site.
• 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 behavioural and statistical information about an individual and businesses in connection with the Site and/or the Online Platforms.

Why We Collect Personal Information

Franky's collects your Personal Information so that we can carry out the following actions:

• to enable you to use our Online Platforms;
• to provide our Services;
• to communicate with you, including about our Services and offers which might interest you;
• to provide you with relevant, personalised communications;
• to provide you with information or advice;
• to process payments by or to you in connection with our Services;
• to create accounts, tax invoices or receipts;
• to provide your Personal Information to third parties in order for them to supply the Services to you;
• to consider and respond to complaints made by you.

We may disclose additional purposes for collection of your Personal Information in collection statements at the point of collection.

How Personal Information Is Used & Disclosed

We use your personal Information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers.

We will not use any Personal Information other than for the purpose for which it was collected other than with the individual’s permission. 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.

We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above.

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 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

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.

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”

By clicking “I Agree” or any other button indicating your acceptance of this privacy policy, you expressly consent to the collection and use of your Personal Information in accordance with this privacy policy.

An individual may opt to not have us collect their Personal Information. This may prevent us from offering them some or all of our services and may terminate their access to some or all of the services they access with or through us. They will be aware of this when the Privacy Principles apply to us: Opt In. Where the individual will have the right to choose to have information collected and/or receive information from us; or Opt Out. Where relevant, the individual will have the right to choose to exclude himself or herself from some or all collection of information and/or receiving information from us.

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 on the contact details set out under “Complaints and Disputes”.

Cookies

Franky's use temporary (session) cookies and/or permanent cookies when you access our Online Platforms and/or Site. This allows us to recognise your browser and track the web pages you have visited. To opt out of personalised internet advertisement of the Franky's website and products, you may at any time disable cookies via the settings within your browser, or an opt-out tool.

The Safety and Security of Personal Information

We may hold your Personal Information in either electronic or hard copy form.

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.

We use industry standard security measures to safeguard and protect your information.

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 the overseas recipients of your Personal Information do not breach the privacy obligations relating to your Personal Information.

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 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.

If an individual suspects any misuse or loss of, or unauthorised access to, their Personal Information, they should let us know immediately. 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 Acess and/or Update Information

If you would like us to update or amend your Personal Information, please contact us using the contact details below, and we will make the requested amendments.

If you would like us to provide copies to you of your Personal Information which we hold, please contact us using the contact details below, and we will comply with your request to the extent required by law.

If you would like us to update or amend your Personal Information, please contact us, and we will make the requested amendments.

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.

We may ask you to verify your identity to ensure that Personal Information we hold is not improperly accessed.

Retention

When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information.

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

Links from our Online Platforms or via our Services to third party services 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.

Direct Marketing

Franky's and our carefully selected third party business providers may contact you with direct marketing communications and information about the Services or other products and services offered by us via telephone, email, SMS, or regular mail.

If you have indicated a preference for a method of communication, we will endeavour to use that method wherever practical to do so.

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 (see contact information below). You can unsubscribe from emails by clicking the unsubscribe link on the footer of the email communication you have received.

Complaints and Disputes

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.

If we have a dispute regarding an individual’s Personal Information, we both must first attempt to resolve the issue directly between us. 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.

GDPR

If you are: a resident of the European Union accessing our Online Platforms or receiving our Services in Australia; or accessing our Online Platforms or receiving our Services from within the European Union, then in addition to our obligations under the Privacy Act, Franky's is required to comply with the GDPR with respect to your Personal Information. Any reference to Personal Information in this Privacy Policy is also a reference to Personal Data (as defined under the GDPR).

Franky's 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 both the Privacy Act and GDPR regardless of the user. Therefore, no additional terms for GDPR users are required.

CCPA

If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below.

Minors

Users must be 18 years of age or older to purchase products through the Site. The Services are not directed to children under 16 years of age, and Franky's does not knowingly collect Personal Information from children under 16 years of age.

If you are the parent or guardian of a child who has provided us with Personal Information without your consent, you may alert us using the details below to request deletion.

If we learn that we have collected any Personal Information from children under 16 years old, we will promptly take steps to delete such information and terminate the child's account.

Changes to this Policy

We may update this Policy from time to time in order to reflect, for example, changes to our practises or for other operational, legal, or regulatory reasons.

Changes to this Policy will be available on the Site. Please refer back to this Privacy Policy to review any amendments.