Privacy policy

Privacy Policy

1. Our commitment to privacy

McPherson's Limited (McPherson's/we/us/ours) respects and is committed to protecting your privacy and the privacy of personal information provided to us. We comply with the relevant Australian Privacy Principles (APPs) set out in the Privacy Act 1988 (Cth).

Where we send marketing communications by email, SMS, MMS, instant message or other electronic means, we comply with the Spam Act 2003 (Cth) (Australia) and the Unsolicited Electronic Messages Act 2007 (New Zealand), including requirements relating to consent, sender identification and unsubscribe facilities.

The purpose of this policy is to explain:

(a)        the kinds of information that we may collect about you and how that information is held;

(b)        the purposes for which we collect, hold, use and disclose personal information;

(c)        how you can access your personal information and seek to correct such information; and

(d)        what you can do if you have a complaint about a breach of your privacy.

We may from time to time update this policy.

2. Definitions

In this policy:

(a)            personal information means information or an opinion about an identified individual, or an individual who is reasonably identifiable.

(b)            commercial electronic message means an electronic message that offers, advertises or promotes goods or services, business opportunities or our brand (including directing you to a place where such promotion occurs).

(c)             Consent means permission to receive commercial electronic messages, which may be express or inferred (Australia), and may be express, inferred or deemed (New Zealand), as permitted by applicable law.

(d)            Electronic address means an email address, telephone number or other identifier used to send electronic messages.

(e)            Unsubscribe request means a request to stop receiving commercial electronic messages.

(i)          whether the information or opinion is true or not; and

(ii)         whether the information or opinion is recorded in a material form or not.

3. What kind of personal information do we collect and how do we collect it?

Type of information we collect

We are a supplier of some of Australia’s well-known essential health and beauty products. The Company’s portfolio is anchored by five iconic core household brands: ‘Manicare’, ‘Swisspers’, ‘Lady Jayne’, ‘Dr. LeWinn’s’ and ‘Fusion Health’. Our strategy is to invest in and grow these brands through the pharmacy, grocery, health food and e-commerce channels. We are headquartered in Sydney and is listed on the ASX.

The kind of information which we collect from you will depend on the type of relationship that we have with you. For example, we may collect information from our suppliers, our contractors, persons making enquires with us, prospective employees, customers or prospective customers. or shareholders.

We only collect information which enables us to carry out our operations, functions and activities, assess your credit worthiness, process transactions and supply our products and services to you. The type of information which we may collect includes your contact details (for example, your name, address, phone number, e-mail address, fax number), professional and business details and bank account details.

Tax File Numbers (TFN)

We may also collect TFNs from our shareholders for the purposes of sharing those with the Australian Taxation Office to allow your dividends to be taxed at the correct rate (as authorised under sections 202D and 202DB of the Income Tax Assessment Act 1936 (Cth)). You are not required to provide us with your tax file number however not giving us your TFN may result in your paying tax on your relevant dividend at the highest marginal rate. We comply with Privacy (Tax File Number) Rule 2015 in managing your TFN.

How we collect your information

We will usually collect your personal information directly from you and will collect that information in a variety of ways, including through your use of our website, our services, social media and your participation in any competitions we offer.

We also collect personal information from our related entities (being those listed in the schedule below).

Sometimes we may also collect personal information from third parties. We will only do this where:

(a)        we have your consent;

(b)        such a collection is reasonably necessary to enable us to provide you with our services or is reasonably necessary to enable us to manage our business; or

(c)        such a collection is authorised by law.

4. What do we use or disclose your personal information for?

Use of information

We will only use your personal information for the purpose for which we collected it (primary purpose) unless:

(a)        we have your consent;

(b)        there is another purpose (secondary purpose) and that secondary purpose is reasonably necessary or related to the primary purpose and you would reasonably expect, or we have informed you, that your information will be used for that secondary purpose; or

(c)        we are required by law to use or disclose your personal information.

For example, we may use your information to:

(a)        confirm your identity, contact you, collect money from you or pay you;

(b)        supply products and provide services to you;

(c)        administer our dealings and potential dealings with suppliers of products and services;

(d)        process orders on behalf of our customers (fulfilment services) for their customers;

(e)        process customer orders;

(f)         respond to requests from persons making enquires with us;

(g)        enable shareholders' holdings to be maintained and administered efficiently and to enable the company to comply with its legal and regulatory obligations, including for example, to distribute financial results, annual reports and other corporate communications to shareholders and to distribute dividend payments to shareholders;

(h)        to keep our share register up-to-date and any other purpose required or authorised by law;

(i)         enable us to fulfil our contractual obligations with our contractors and sub-contractors;

(j)         assess your suitability to work with us;

(k)        comply with our legal obligations;

(l)         enable us to manage our internal business affairs, for example, quality assurance, risk management, billing and administrative purposes; and

(m)       communicate with you and update you on our activities and services.

Disclosure of information

We will confine the disclosure of your personal information to the primary purpose for which that information has been collected, or for a related secondary purpose. This includes when disclosure is necessary to provide services to you, assist us in running our organisation, or for legal reasons.

We may provide your information:

(a)        to regulatory bodies, for example the Australian Securities and Investments Commission (ASIC);

(b)        to our related entities as listed in the schedule below;

(c)        to our share registry, Computershare Limited;

(d)        third parties contracted to provide services to us, such as delivery providers and email marketing organisations;

(e)        other service providers such as printers and mailing houses in connection with managing our services and internal business affairs; or

(f)         any other person or organisation if it is otherwise permitted or required by the Privacy Act or any other law or you authorise us to do so.

5. Why you may have received one of our publications and direct marketing (Australia and New Zealand anti-spam laws)

(a)        Third party service providers: We may use service providers (including electronic marketing service providers) to send communications on our behalf. We require those providers to act only on our instructions and to comply with applicable anti-spam laws.

(b)        Address-harvesting and lists: We do not use address-harvesting software or harvested-address lists. If we obtain marketing lists from third parties, we will take reasonable steps to satisfy ourselves that recipients have provided the required consent and that our use of the list is lawful.

(c)        How to opt out: You can opt out at any time by using the “Unsubscribe” link in a message, by logging into your My Account (where available), by calling 1800 651 146, or by emailing enquiries@mcpher.com.au.

(d)        Unsubscribe: Our commercial electronic messages will include a functional unsubscribe facility that is clear and easy to use. The unsubscribe facility will remain available for at least 30 days after the message is sent. We will action unsubscribe requests as soon as practicable and in any event within 5 business days (Australia) or 5 working days (New Zealand). We will not require you to log in or provide additional personal information (other than the electronic address to which the message was sent) to unsubscribe.

(e)        Identification: Our commercial electronic messages will identify McPherson’s as the sender and include our contact details.

(f)         Consent: We will only send you commercial electronic messages where we have your consent as required by applicable law. Consent may be express or inferred in Australia, and may be express, inferred or deemed in New Zealand. Inferred consent depends on the nature of your relationship with us and whether you would reasonably expect to receive those messages.

We comply with the Spam Act 2003 (Cth) (Australia) and the Unsolicited Electronic Messages Act 2007 (New Zealand) when sending commercial electronic messages.

We may communicate with you about our products, services and activities, including by sending commercial electronic messages (for example, email and SMS).

6. Accuracy of information, storage and security

Complete and accurate details

We aim to keep the personal information we hold about you accurate, complete and up to date.

Where possible and practicable, you will have the option to deal with us on an anonymous basis or by using a pseudonym. However, if the personal information you provide us is incomplete or inaccurate, or you withhold personal information, we may not be able to provide the services you are seeking or deal with you effectively.

Storage

Our information systems and files are kept secured from unauthorised access and our staff and contracted agents and service providers have been informed of the importance we place on protecting your privacy and their role in helping us to do so.

All your personal information is stored securely by us or third-party information storage providers, including overseas providers. Your information may be processed by staff located outside of Australia who work for us, or for one of our suppliers. Such staff may be engaged in fulfilling your order, processing your payment and providing support services. By submitting your personal information to us, you agree to this transfer, storing and processing.

We will store your personal information on systems such as Shopify (ecommerce solution), IBS (ERP) and Klavyio (electronic marketing system).

Security

We strive to ensure the security, integrity and privacy of personal information, and will take reasonable steps to protect your personal information from misuse, interference, loss, unauthorised access, modification or disclosure. We review and update (where necessary) our security measures in light of current technologies.

We use a Geotrust Secure Socket Layer (SSL) to encrypt all sensitive data transferred to and from your computer when making an online transaction via our website. This enables you to have the most secure shopping experience possible and aims to ensure that your private data is not captured by anyone else other than the bank of your choice.

We do not store your credit card details on our database. These are destroyed after a transaction is complete. We do retain details of your transaction history.

Although we will endeavour to protect your personal information, we are unable to guarantee that any information you transmit to us over the internet is 100% secure. Any information you transmit to us over the internet is transmitted at your own risk.

7. Use of cookies, Google Analytics and Social Media

A 'cookie' is a small data file placed on your machine or device which lets us identify and interact more effectively with your computer. Cookies do not identify individual users, but they do identify your web requests, ISP (which can be used to locate your general location), browser type, browser language and the date and time of your request.

Our website uses cookies to provide a better browsing experience. If you prefer not to have cookies collected, you can disable this option in your browser settings.

We may use products such as Google Analytics to analyse the audience statistics of our website to improve our content. The information collected includes your IP and referring website address, browser type and version, time zone setting, browser plug-in type and version, domain name, operating system and platform, website access times, information about your visit, such as the pages you accessed, page response times, download errors and page interaction information.

We may collect your personal information when you post content on our social media pages. We use that information for purposes of marketing and enhancing our services.

8. Link to other sites

We may provide links to third party websites. These linked sites may not be under our control and we are not responsible for the content or privacy practices employed by those websites. Before disclosing your personal information on any other website, we recommend that you carefully read the terms and conditions of use and privacy statement available on the relevant website.

9. Access to personal information

You have a right to access your personal information which we hold about you. If you make a request to access your personal information, we will ask you to verify your identity and specify the information you require.

You can also request an amendment to any of your personal information if you consider that it contains inaccurate information.

You should contact our Privacy Officer (contact details below) about any issues you may have in relation to your privacy. We may charge a fee for providing this service, but we will inform you of that at the time you make the request.

Privacy Officer: General Counsel & Company Secretary

Address: Level 8, 383 Kent Street Sydney NSW 2000

Telephone: (02) 9370 8000

Email: cosec@mcpher.com.au

10. Complaints

If you have a complaint about our information handling practices or consider we have breached your privacy, you can lodge a complaint with:

(a)        the Privacy Officer, on the contact details listed in clause 9 above; or

(b)        the Office of Australian Information Commissioner.

We will deal with all complaints in a fair and efficient manner.

Schedule – Related Entities

McPhersons Limited ACN 004 068 419

McPherson’s Consumer Products Pty Ltd ACN 000 020 495

McPherson's Consumer Products (NZ) Limited

McPherson’s (Shanghai) Co. Ltd.

McPherson’s (UK) Limited

McPherson’s America, Inc.

McPherson's Consumer Products (HK) Limited