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Forty Winks Franchising Pty Ltd ABN 38 059 512 640 and Forty Winks Online Pty Ltd ABN 37 145 962 385 (Forty Winks, we, us, our) and its related bodies corporate is committed to complying with applicable privacy laws in relation to the personal information that we collect in the course of running our business.
Authorised Forty Winks franchisees (Franchisees) are independent entities and not related to Forty Winks and may have privacy policies which differ from ours. Franchisees are responsible for their own privacy policies and privacy practices. Please contact your Franchisee directly for further information.
Please take a moment to read our Privacy Policy as it explains how we manage personal information including our obligations and your rights in respect of our dealings with your personal information.
We may, in connection with particular goods or services we offer or provide to you, make other privacy disclosures to you or seek your authority to use your personal information in ways which are different from or more specific than those stated in this Privacy Policy. In the event of any inconsistency between the provisions of this Privacy Policy and those other disclosures, the other disclosures will apply. Where applicable privacy laws provide for exceptions or exemptions, we may rely on those exceptions or exemptions in our information handling practices.
Forty Winks may amend this Privacy Policy at any time and for any reason. The updated version will be available at www.fortywinks.com.au (Website). Forty Winks may highlight changes to this Privacy Policy on the Website, but you should check the Privacy Policy regularly for changes.
This Privacy Policy (other than section 9) explains how we manage personal information about individuals other than employees. Section 9 explains the position of employees.
In this document:
Forty Winks does not collect personal information unless it is reasonably necessary for us to carry out our functions and activities. We only collect such information by lawful and fair means and in an unobtrusive way.
We may collect your personal information in a number of ways. The most common ways we collect personal information are:
If we collect personal information about you from a third party we will, where appropriate, request that the third party inform you that we are holding such information, how we will use and disclose it, and that you may contact us to gain access to and correct and update the information.
The types of personal information we collect about you depends on the circumstances in which the information is collected. Typically, the types of personal information we may collect can include (but is not limited to) your name, address, email address and phone numbers.
If we enter into contracts with you, request or receive goods or services from us or have any other commercial dealings with us, we may also collect your signature, credit card and /or banking details and billing information.
In relation to customers and prospective customers:
If you are an individual contractor to us or apply for a role with us, we may also collect information relevant to your engagement with us including qualifications, length of engagement, resume, current and former employment details, pay rate and salary, bank details, feedback from supervisors, training records and logs of your usage of our equipment (e.g. phones, computers and vehicles).
If you attend a premises we operate or manage, we may:
If you call us via telephone, we may monitor and in some cases record such telephone conversations for staff training, quality assurance and record-keeping purposes.
If we communicate with you by email, we may use technology to identify you so that we will be in position to know when you have opened the email or clicked on a link in the email.
If you access our Website, we may utilise cookies to collect additional information about your use of our Website and apps. Please see section 10 below for further details.
If when you are on our Website and you have provided us with permission to access your device location, we may collect information about your geographical location. This allows us to notify you of the closest stores to your current location.
We only collect sensitive information about you with your consent, or otherwise in accordance with the Privacy Act. The main types of sensitive information we may collect include:
If you do provide sensitive information to us for any reason (for example, if you provide us with information about an injury or allergy you have), you consent to us collecting that information and to us using and disclosing that information for the purpose for which you disclosed it to us and as permitted by the Privacy Act and other relevant laws.
In addition to the types of personal information identified above, we may collect personal information as otherwise permitted or required by law.
Where you do not wish to provide us with your personal information, we may not be able to provide you with requested goods or services and/or certain functionality of our Websites and apps.
We may use or disclose your personal information:
In general we collect, use and disclose your personal information so that we can do business together and for purposes connected with our business operations.
Some of the specific purposes for which we collect, hold, use and disclose personal information are as follows:
We may disclose your personal information to third parties in connection with the purposes described in section 5 of this Privacy Policy. This may include disclosing your personal information to the following types of third parties:
our sales representatives;
our suppliers, contractors and organisations that provide us with technical and support services or who manage some of our business functions, including without limitation:
our suppliers, including in relation to warranty issues;
credit or deferred payment providers that you elect to use in order to purchase our goods and services and to assist you to make payments;
our related entities (who may use and disclose the information in the same manner we can);
our accountants, insurers, lawyers, auditors and other professional advisers;
any third parties to whom you have directed or permitted us to disclose your personal information (e.g. referees);
in the unlikely event that we or our assets may be acquired or considered for acquisition by a third party, that third party and its advisors;
credit reporting agencies for credit rating and fraud protection services; and
government regulatory authorities.
We may also disclose your personal information in accordance with any consent you give or where disclosure is authorised, compelled or permitted by law.
If we disclose personal information to a third party, we generally require that the third party only use it as reasonably required for the purpose we disclosed it to them and otherwise in a manner consistent with the APPs under the Privacy Act (for example, where commercially practicable, by including suitable privacy and confidentiality clauses in our agreement with the third party recipient).
If you post information to certain public parts of our Website, apps or to our social media pages, you acknowledge that such information may be available to be viewed by the public. You should use discretion in deciding what information you upload to such sites.
Some of the third parties to whom we disclose personal information may be located outside Australia. The countries in which such third party recipients are located depend on the circumstances. Whenever we transfer your personal information outside of Australia, we will do so in accordance with the requirements of applicable privacy and data protection laws.
From time to time we may also engage an overseas recipient to provide services to us, such as cloud-based storage solutions. Please note that the use of overseas service providers to store personal information will not always involve a disclosure of personal information to that overseas provider.
By providing your personal information to us, you consent to us disclosing your personal information to any such overseas recipients for purposes necessary or useful in the course of operating our business, and agree that APP 8.1 will not apply to such disclosures. For the avoidance of doubt, in the event that an overseas recipient breaches the Australian Privacy Principles, that entity will not be bound by, and you will not be able to seek redress under, the Privacy Act.
Like most businesses, marketing and advertising is important to our continued success. We therefore like to stay in touch with customers and let them know about new offers and opportunities.
We may provide you with information about products, services, offers and promotions either from us, our Franchisees or from third parties which may be of interest to you, where:
it is otherwise permitted by law.
Direct marketing
Direct marketing can be delivered by a range of methods including mail, telephone, email, SMS or instant messaging / direct messaging (including on social media platforms such as Facebook Messenger and Instagram).
You can unsubscribe from our direct marketing or change your preferences via the Forty Winks Preference Centre found in the footer of our email communications or by contacting us (see section 16 below).
Email analytics
Like many organisations, we use e-mail analytics to track and measure the success of our e-mail newsletters and other e-mail campaigns.
We use various technologies (such as tracking pixels) to collect information such as: which of our emails you have opened, which links you have clicked, which email client you are using, whether you opened our e-mail on a computer or mobile device, and the geolocation of your IP address. We use this data to analyse and improve the performance of our e-mail campaigns.
Internet advertising
We may also collect and use information about you for the purposes of online targeted advertising services that help our ads to reach you (and other people who may be interested in our products and services) on websites, apps and social media platforms across the Internet. These online targeted advertising services are operated by third party vendors such as Meta (which operates Facebook and Instagram).
Some of these services work by using non-identifying data about your behaviour and demographics that has been collected through cookies and other tracking technologies (such as pixels and device identifiers) when you use the Internet, including when you move between different websites and apps and use different devices. For example, third-party vendors may use cookies and/or device identifiers to serve ads based on your past visits to our websites. Your browser or device may provide you with the option to disable or opt-out of some of these cookies and other tracking technologies (such as device identifiers).
Other services require us to use limited amounts of your personal information. For example, we may include your information in a customer list that we provide to selected online advertising service providers so that we can conduct audience-based advertising. This allows us to show our ads to you (if you also use those platforms) and to other users of those platforms who share similar characteristics with you. The customer list is usually hashed (to improve security and confidentiality) before it’s processed by the service provider to target and serve our ads.
The data that is collected through these cookies and other tracking technologies, or provided by us, may be combined with other data (supplied by our advertising service provider, or third parties) to improve the targeting and serving of ads.
Our online advertising service providers also help us by measuring the effectiveness of our ad campaigns (e.g. conversion tracking) and providing us with analytics data that we use to inform and optimise our ad campaigns. These analytics are based on data that may be collected through cookies and other tracking technologies. The analytics data we receive is generally aggregated and non-identifying.
When we use any advertising service that requires us to use or disclose your personal information, we will only do so if we are permitted to do so by applicable privacy laws. You can notify us at any time if you would like us to stop using your personal information for these targeted advertising purposes. Our contact details are set out in section 16 of this Privacy Policy.
You can also:
Opt-out of certain online targeted advertising networks directly by visiting:
the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/; and
the Network Advertising Initiative’s opt-out page: http://www.networkadvertising.org/managing/opt_out.asp
view the relevant social media platform's website to learn more about how they collect and use your information and adjust your preferences regarding the types of advertising you are shown.
We collect information in relation to employees as part of their application and during the course of their employment, either from them or in some cases from third parties such as recruitment agencies, referees, government bodies (e.g. police checks, if required) and academic and professional bodies (e.g. to validate details and currency of qualifications). Such information may include contact details, qualifications, resume, current and former employment details, pay rate and salary, bank details, feedback from supervisors, training records and logs of your usage of our equipment (e.g. phones, computers and vehicles).
Under the Privacy Act, personal information about a current or former employee may be held, used or disclosed in any way that is directly connected to the employment relationship. We handle employee information in accordance with legal requirements and our applicable policies in force from time to time.
A cookie is a small text file stored in your computer’s memory or on your hard disk for a pre-defined period of time. We use cookies to identify specific machines in order to collect aggregate information on how visitors are experiencing our Website. This information will help to better adapt our Website to suit personal requirements. While cookies allow a computer to be identified, they do not permit any reference to a specific individual. For information on cookie settings of your internet browser, please refer to your browser’s manual.
We may use third party vendors to show our ads on sites on the internet and serve these ads based on a user’s prior visits to our Website and other internet activity. We may also use analytics data supplied by these vendors to inform and optimise our ad campaigns. Refer to section 8 of this Privacy Policy above for further details.
Our Website may contain links to other websites operated by third parties. We make no representations or warranties in relation to privacy practices of any third party website and we are not responsible for the privacy policies or the content of any third party website. Third party websites are responsible for informing you about their own privacy practices and procedures.
We will take reasonable steps to keep any personal information we hold secure.
We will hold personal information as either secure physical records, electronically on our intranet system or in cloud storage on third party servers, which may be located overseas.
We use a range of security measures to protect the personal information we hold, including by implementing IT security tools to protect our electronic databases. We also provide appropriate training to our staff that have access to personal information to ensure they are familiar with our Privacy Policy and our privacy and security processes and procedures.
We will destroy or de-identify personal information once it is no longer needed for a valid purpose or required to be kept by law.
We will reasonably attempt to ensure that the personal information we hold about you is accurate, up to date and complete. To assist us to do this please provide us with the correct information and inform us if your details have changed. This can be done via the Forty Winks Preference Centre found in the footer of our email communications or by providing us with details of any changes to your information by contacting our Privacy Officer (see section 16 below).
You may contact our Privacy Officer (see section 16 below) to request access to the personal information that we hold about you and/or to make corrections to that information, at any time. On the rare occasions when we refuse access (which we will only do in accordance with applicable laws), we will provide you with a written notice stating our reasons for refusing access. We may seek to recover from you reasonable costs incurred for providing you with access to the personal information we hold about you.
We are not obliged to correct any of your personal information if we do not agree that it requires correction and may refuse to do so. If we refuse a correction request, we will provide you with a written notice stating our reasons for refusing.
We will respond to all requests for access to or correction of personal information within a reasonable time.
If you have any questions, concerns or complaints about this Privacy Policy or how we handle your personal information, including if you believe we have breached the APPs, please contact our Privacy Officer (see section 16 below).
When contacting us please provide as much detail as possible in relation to your question, concern or complaint.
We take all complaints seriously, and will respond to your complaint in accordance with any applicable timeframes imposed by law and otherwise within a reasonable period. We request that you cooperate with us during this process and provide us with any relevant information that we may need.
If you are dissatisfied with the handling of your complaint, you may contact the Office of the Australian Information Commissioner:
Office of the Australian Information Commissioner
GPO Box 5218, Sydney NSW 2001
Telephone: 1300 363 992
Email: [email protected]
The contact details for our Privacy Officer are as follows:
Privacy Officer
Forty Winks Franchising Pty Ltd
88-90 Peters Avenue
Mulgrave, Vic 3170
Email: [email protected]