Privacy Policy

Privacy Policy

This Privacy Policy sets out the approach which Build and Play will take in relation to the treatment of Personal Information. It includes information on how Build and Play collects, uses, discloses and keeps secure, individuals' Personal Information. It also covers how Build and Play makes the Personal Information it holds available for access to and correction by the individual.

This policy has been drafted having regard to Build and Play's obligations under the Privacy Act 1988 (including the new National Privacy Principles) (the Privacy Act). This Policy is a public document and has been prepared in light of National Privacy Principle 5, Openness.

1. Collection

1.1 Build and Play will only collect Personal Information where the information is necessary for Build and Play to perform one or more of its functions or activities. In this context, "collect" means gather, acquire or obtain by any means, information in circumstances where the individual is identifiable or identified.

1.2 Build and Play collects Personal Information primarily to supply customers with the products and services ordered from it and its related companies. Build and Play also collects and uses Personal Information for secondary purposes including:

i. billing and account management

ii. business planning and product development; and

iii. to provide individuals with information about promotions, as well as the products and services of Build and Play affiliated companies and other organisations.

iv. to enhance the online shopping experience by displaying products and/or services that match the personal preferences of individuals based on their previous website browsing history and/or buying activity.

1.3 Build and Play will not collect Sensitive Information from individuals except with consent and only where it is necessary for Build and Play to collect such information for an activity or function.

1.4 Build and Play will not collect Personal Information secretly or in an underhanded way.

1.5 Build and Play will take steps to ensure that individuals on purchased lists are or have been notified of the information as outlined at 1.3.

2. Use

2.1 Build and Play will obtain an individual's consent for Use of non-sensitive Personal Information for Secondary Purposes at the time of collection, unless the Use is a related Secondary Purpose which would be within the relevant individual's Reasonable Expectations.

2.2 Build and Play Uses Personal Information primarily for the purposes listed in 1.2 above.

2.3 If Build and Play relies on the Direct Marketing exception to Direct Market to individuals it will ensure that:

i. the individual is clearly notified of their right to Opt Out from further Direct Marketing;

ii. there is only one Use of the information before the Opt Out right is given and this Use applies across all Build and Play Related Bodies Corporate (if the information is shared between those Related Bodies Corporate);

iii. the individual is given an Opt Out in all further instances of Direct Marketing if they have not previously chosen to Opt Out; and iv. if the individual Opts Out of all Direct Marketing the Opt Out will be respected by Build and Play and all its Related Bodies Corporate.

2.4 Build and Play will not use Sensitive Information for Direct Marketing.

2.5 Build and Play may use Personal Information to avoid an imminent threat to a person's life or to public safety. It may also use Personal Information for reasons related to law enforcement or internal investigations into unlawful activities.

2.6 Build and Play will not use Personal Information without taking reasonable steps to ensure that the information is accurate, complete and up to date.

3. Disclosure

3.1 Build and Play may Disclose Personal Information to related or unrelated third parties if consent has been obtained from the individual. This will include obtaining the individual's consent for Disclosures made under the credit reporting requirements of the Privacy Act.

3.2 Build and Play may Disclose Personal Information between Related Bodies Corporate. Where information is Disclosed to such a Related Body Corporate, that Related Body Corporate is bound by the original Primary Purpose for which the information was collected.

3.3 Build and Play may Disclose Personal Information to unrelated third parties to enable outsourcing of functions (such as billing, customer relations management and order fulfillment), where that is Disclosure or Use for a related Secondary Purpose and has been notified to individuals or where such Disclosure is within the individual's Reasonable Expectations.

3.4 Build and Play will take reasonable steps to ensure that its contracts with third parties include requirements for third parties to comply with the Use and Disclosure requirements of the Privacy Act.

3.5 Build and Play may Disclose Personal Information to law enforcement agencies, government agencies, courts or external advisers where permitted or required by law.

3.6 Build and Play may Disclose Personal Information to avoid an imminent threat to a person's life or to public safety.

3.7 If a Disclosure is not for a Primary Purpose; is not for a related Secondary Purpose; or upfront consent has not been obtained, Build and Play will not Disclose Personal Information otherwise than in accordance with the exceptions set out at 3.1 to 3.6 above.

3.8 Build and Play does not generally sell or share its customer lists on a commercial basis with third parties but if it did, it would only do so if we had the appropriate consent of the individual involved. If the consent provided is conditional, Build and Play will take steps to ensure (by contract) that the use of its customer list by third parties does not exceed the scope of the consent.

4. Information Quality

4.1 Build and Play will review, on a regular and ongoing basis, its collection and storage practices to ascertain how improvements to accuracy can be achieved.

4.2 Build and Play will take steps to destroy or de-identify Personal Information after as short a time as possible and after a maximum of seven years from the date of the last customer interaction, unless the law requires otherwise.

5. Information Security

5.1 Build and Play requires employees and contractors to perform their duties in a manner that is consistent with Build and Play's legal responsibilities in relation to privacy.

5.2 Build and Play will take all reasonable steps to ensure that paper and electronic records containing Personal Information are stored in facilities that are only accessible by people within Baby-Bedding who have a genuine "need to know" as well as "right to know".

5.3 Build and Play will review, on a regular and ongoing basis, its information security practices to ascertain how ongoing responsibilities can be achieved and maintained.

6. Access and Correction

6.1 Build and Play will allow its records containing Personal Information to be accessed by the individual concerned in accordance with the Privacy Act.

6.2 Build and Play will correct its records containing Personal Information as soon as practically possible, at the request of the individual concerned in accordance with the Privacy Act.

6.3 Individuals wishing to lodge a request to access and/or correct their Personal Information should do so by contacting Build and Play Customer Service, as per the details on the website.

6.4 Build and Play can charge a fee for processing an access request but will generally not do so unless the request is complex or is resource intensive.

7. Openness

7.1 Build and Play Customer Service representatives will be the first point of contact for inquiries about privacy issues. Individuals wishing to make an inquiry or complaint regarding privacy, should do so by contacting Build and Play Customer Service, as per the details on the Build and Play website.

7.2 Build and Play websites will contain a prominently displayed privacy statement and will include a copy of Build and Play Privacy Policy.

8. Anonymous Transactions

8.1 Build and Play will not make it mandatory for visitors to its web sites to provide Personal Information unless such Personal Information is required to answer an inquiry or provide a service. Build and Play may however request visitors to provide Personal Information voluntarily to Build and Play (for example, as part of a competition or questionnaire).

9. Transferring Personal Information Overseas

9.1 Build and Play will take reasonable steps to limit the amount of Personal Information it sends to unrelated organisations overseas.

9.2 If Personal Information must be sent by Build and Play overseas for sound business reasons, Build and Play will require the overseas organisation receiving the information to provide a binding undertaking that it will handle that information in accordance with the National Privacy Principles, preferably as part of the services contract.

10. Glossary

Collection Information means the information outlined in 1.3 notified to individuals prior to, or as soon as practical after, the collection of their Personal Information.

Direct Marketing means the marketing of goods or services through means of communication including written, verbal or electronic means. The goods or services which are marketed may be those of Build and Play or a Related Body Corporate or those of an independent third party organisation.

Disclosure generally means the release of information outside Build and Play, including under a contract to carry out an "outsourced function".

Opt Out means an individual's expressed request not to receive further Direct Marketing.

Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained from the information or opinion.

Primary Purpose is the dominant or fundamental reason for information being collected in a particular transaction.

Reasonable Expectation means a reasonable individual's expectation that their personal information might be Used or Disclosed for the particular purpose.

Related Body Corporate means that where a body corporate is:

• a holding company of another body corporate;
• a subsidiary of another body corporate; or
• a subsidiary of a holding company of another body corporate, the first mentioned body corporate and the other body corporate are deemed to be related to each other.

Sensitive Information means:

a. information or an opinion about an individual's:

i. racial or ethnic origin; or
ii. political opinions; or
iii. membership of a political association; or
iv. religious beliefs or affiliations; or
v. philosophical beliefs; or
vi. membership of a professional or trade association; or
vii. membership of a trade union; or
viii. sexual preferences or practices; or
ix. criminal record;

b. Health Information about an individual.

Use means the handling of Personal Information within Build and Play.

Contacting Build and Play

If you require further information regarding Build and Play's Privacy Policy please contact us