Your Representation and Warranty; Indemnity - By submitting content, you represent and warrant that you own the proprietary rights, including but not limited to the copyrights, to that content, and that the reproduction, public display and performance, distribution and preparation of derivative works of that content, by FPI Fireplace Products International Ltd. (“FPI”) or others, will not infringe any third-party rights or any applicable law. You agree to defend, indemnify and hold harmless FPI and FPI’s present and former directors, officers, employees, agents and other representatives from and against any and all claims, demands or proceedings (including but not limited to legal costs and fees) in the event of your breach of this representation and warranty.
Your License to FPI Fireplace Products International Ltd. - By submitting content, you hereby grant to FPI a nonexclusive, perpetual, transferable, sublicensable, royalty-free, irrevocable, worldwide license to reproduce, prepare derivative works of, distribute, and publicly display and perform that content for any purpose and in all media now known or hereinafter created, including without limitation by making that content available for downloading by third parties or by incorporating all or part of that content into other materials. You hereby irrevocably waive any claim based on moral rights, if any, in that content.
Incorporation of Terms of Use, Privacy Statement - By submitting content, you agree to be bound by the this website’s Terms of Use and Privacy Statement, which are incorporated herein by reference and which can be viewed at
http://www.regency-fire.com/Company/Legal/Privacy-Policy.aspx
FPI’s Discretion in Accepting/Rejecting Content - FPI’s standards prohibit images containing nudity, sexually graphic material, or material that is otherwise deemed explicit by FPI. FPI’s MyRegency account members who post such images will be permanently removed without warning or prior notification, and will result in immediate deactivation of your FPI MyRegency account. FPI further reserves the right to, in its sole discretion, accept or reject any content submitted for publication on this website, without notice or liability to you or to any third party.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
It is our policy to respond to clear notices of alleged copyright infringement. This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to FPI as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site,
http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well.
If you believe that content located on or linked from this website infringes one or more of your copyrights, please immediately notify FPI Fireplace Products International Ltd. by means of a mailed or faxed notification (“Infringement Notification”) providing the information described below to the following address:
FPI Fireplace Products International Ltd.
Attn: FPI Legal Support, DMCA Complaints
6988 Venture Street
Delta, British Columbia
Canada V4G 1H4
Or fax to: 1 (604) 952-6622, Attn: FPI Legal Support, DMCA Complaints
You may be held liable for damages (including costs and attorneys' fees) if you make material misrepresentations in an Infringement Notification. Thus, if you are not sure content located on or linked from this site infringes your copyright, you should first contact an attorney.
All Infringement Notifications should include the following:
• Identification of the copyright claimed to have been infringed;
• A description of the nature and location on the Websites of the content that you claim to have been infringed.
• A signature, electronic or physical, of the copyright owner or a person authorized to act on the copyright owner’s behalf;
1. Our Commitment
FPI Fireplace Products International Ltd (“
FPI”) and its related entities (including Fireplace Products Australia Pty Ltd (ACN 117 303 554) (“
FPA”) (collectively “
Fireplace Group” and referred to as “
We”, “
Us” or “
Our”) are committed to maintaining the privacy and confidentiality of the personal information of Fireplace Group’s customers (“
You”).
FPI and FPA are each an ‘APP entity’ within the meaning of the
Privacy Act 1988 (Cth) (“
Privacy Act”), which means it is obliged to adhere to the Australian Privacy Principles (“
APPs”) when collecting, using or disclosing personal information.
This document sets out our policies for managing your personal information and is referred to as our Privacy Policy.
2. Your Personal Information
Personal information is information or an opinion about an identified or reasonably identifiable individual (“
Personal Information”).
Fireplace Group respects the importance of your privacy and acknowledges that when You provide your Personal Information, You do so, on the provision that unless You give Us permission We will only collect, use and disclose your Personal Information in accordance with the Privacy Act
3. Your Sensitive Information
Fireplace Group will not collect Sensitive Information about You except with your consent or only where it is reasonably necessary to collect such information or required by law. Fireplace Group will notify You as soon as practicable should it obtain or require Sensitive Information about You.
4. Collection and Storage
Fireplace Group collects Personal Information about individuals, where the information is necessary to conduct its business.
4.1 Kinds of Personal Information collected
The type of Personal Information that Fireplace Group collects will vary depending on the circumstances of collection or the service that You request from Fireplace Group, but will typically include:
(a) name;
(b) residential and/or postal address;
(c) date of birth;
(d) gender;
(e) bank details;
(f) credit card information;
(g) employment or business;
(h) professional details;
(i) associations, including trusts and companies;
(j) contact details, including email address and telephone numbers;
(k) information collected via electronic communications, which may include internet protocol addresses, the time, date and place of the communication; and
(l) any additional Personal Information that you provide to FPA, or authorise FPA to collect, as part of your interaction with FPA.
4.2 Collection of Personal Information
The Personal Information is collected when you:
(a) provide it to Us;
(b) visit and browse Ours website;
(c) interact with Us electronically, via social media (including Facebook, Instagram and Twitter);
(d) contact Us by email, telephone or facsimile;
(e) use FPI’s online application on your phone or other device.
4.3 Collection from third parties
Fireplace Group may collect Personal Information from a third party where:
a) the third party is Fireplace Group’s Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth)), business partners, credit reporting bodies, other customers or your representatives; or
(b) you have consented to the collection of the information; or
(c) Fireplace Group is required, or authorised under Australian law, court/ tribunal, to do so; or
(d) it is unreasonable or impracticable to obtain the information from you; or
(e) the information is publicly available.
4.4 Electronic collection of Personal Information
You may visit FPA’s website at
www.regency-fire.com.au without identifying yourself. If You identify yourself (for example, by providing your contact details in an enquiry), any Personal Information You provide will be managed in accordance with this Privacy Policy.
FPA’s website uses cookies. A “cookie” is a small file stored on your computer's browser, which assists in managing customised settings of the website and delivering content. We may collect certain information such as your device type, browser type, IP address, pages You have accessed on FPA’s website and on third-party websites. You are not identifiable from such information.
You can use the settings in your browser to control how your browser deals with cookies. However, in doing so, You may be unable to access certain pages or content on FPA’s website.
We may also use cookies to enable it to collect data that may include Personal Information. For example, where a cookie is linked to your account, it will be considered Personal Information under the Privacy Act. We will handle any personal information collected by cookies in the same way that it handles all other Personal Information as described in this Privacy Policy.
FPA’s website may contain links to third-party websites. We are not responsible for the content or privacy practices of websites that are linked to our website
5. Purpose of collection
Fireplace Group will collect the Personal Information for its Primary and Secondary Purposes.
Fireplace Group will not use your Personal Information for a purpose other than the Primary and Secondary Purposes, unless permitted by You or the law.
6. Use and Disclosure
Fireplace Group will only use your Personal Information for the Primary and Secondary Purposes, unless otherwise required by law.
In particular, Fireplace Group may:
(a) use the Personal Information to verify your identity;
(b) use the Personal Information to provide its products or services to You, to assist You with enquiries or purchases, or to provide You with better customer service;
(c) use the Personal Information to administer and manage the products and services Fireplace Group provides to You, to charge and bill You for them, and to collect any amounts You may owe Fireplace Group;
(d) reproduce and store the Personal Information for the Primary or Secondary Purposes; or
(e) share your Personal Information internally or to Related Bodies Corporate, or with its contractors or other service providers, for the Primary and Secondary Purposes
6.2 Disclosure to third parties
Fireplace Group may disclose Personal Information to Our Related Bodies Corporate and other third parties, including:
(a) employees, other personnel, Related Bodies Corporate and affiliates;
(b) third party contractors and providers of goods and services, such as courier and delivery companies, marketing and promotion companies, training and training certification agencies, web analytics services, business support services, and information technology service providers;
(c) parties with whom Fireplace Group are in joint venture or is otherwise doing business who need that information to conduct Fireplace Group’s business;
(d) market research companies who undertake customer surveys for Us;
(e) industry bodies or buying groups of which You may be a member;
(f) insurance and finance companies;
(g) professional service firms providing services to Us, such as legal or accountancy services;
(h) authorised third party providers of information assurance services;
(i) law enforcement agencies or regulatory agencies where required or authorised;
(j) any entity where required or authorised by or under a law or a court or tribunal;
(k) any other recipient which is notified to You at the time of collection or that You otherwise authorise.
6.3 Disclosure to overseas recipients
FPA may disclose your Personal Information to the following overseas recipients for the Primary and Secondary Purposes:
(a) Our employees, other personnel, related companies and affiliates;
(b) third party service providers of data storage and processing services;
(c) joint venture partners and contractors;
(d) third party contractors and providers of goods and services;
(e) entities Fireplace Group works with in delivering or managing its business;
(f) companies and individuals You have given Us permission to share information with; and
(g) foreign governments or regulating bodies if Fireplace Group are required to.
Those recipients may be located in New Zealand. This may change from time to time, including as a result of change of provider, changes in data protection practices and processing efficiency
Unless Fireplace Group has your consent, or an exception under the APPs applies, Fireplace Group will only disclose your Personal Information to overseas recipients where it has taken reasonable steps to ensure that the overseas recipient does not breach the APPs in relation to your Personal Information.
7. Marketing
Fireplace Group may use your Personal Information to send You marketing. When You receive Our marketing, Fireplace Group will provide You with an option to opt out of receiving future direct marketing. If You do not elect to opt out of receipt of future marketing, Fireplace Group may continue to send You marketing until You opt out.
If You require further information in relation to opting out of Our marketing, please contact Fireplace Group’s Privacy Officer (details provided below).
8. Can you deal with FPA anonymously?
Fireplace Group will provide individuals with the opportunity of remaining anonymous or using a pseudonym in their dealings with Us where it is lawful and practicable (for example, when making a general enquiry). Generally, it is not practicable for Us to deal with individuals anonymously or pseudonymously on an ongoing basis. If Fireplace Group do not collect Personal Information about You, You may be unable to utilise Our services, or Fireplace Group may be unable to otherwise transact with You.
9. Data Quality and Security of your Personal Information
Protecting your Personal Information is a priority for Us. Fireplace Group may hold your Personal Information in electronic and physical files or on secure servers (including trusted third party storage providers in Australia and overseas), storage and archive systems, including the cloud, and take reasonable steps to ensure that your Personal Information is protected.
It is important to Us that the Personal Information it maintains and uses is accurate, complete and up-to-date. If at any time your Personal Information or Credit Information changes, contact the Privacy Officer on the details below so that it can update Our records.
The Personal Information Fireplace Group holds about You is treated confidentially and is only accessed when necessary. Whilst Fireplace Group takes caution to protect your Personal Information, no data transmission over the internet or electronically can be completely secure. Once Fireplace Group has received your Personal Information, Fireplace Group will take all appropriate measures to use procedures and programs to ensure that the information on its systems is secure. Fireplace Group will take reasonable steps to protect the Personal Information it retains from misuse, loss and from unauthorised access, modification or disclosure.
To the maximum extent permitted by law, Fireplace Group will not be liable for any loss, corruption, delay or loss of confidentiality arising from any data or information transmitted electronically if it has followed appropriate virus checking and privacy procedures.
You may also assist Us to keep your Personal Information secure by ensuring appropriate back-up, security and virus check procedures are in place for any data or information provided to or received from Us electronically. Please use your discretion and exercise caution when providing your Personal Information.
Fireplace Group will not retain any of your information for any longer than it is required by us or the law. Fireplace Group may also de-identify your information where applicable.
10. Accessing, Correcting and Deleting Your Personal Information and Credit Information
You may request access to Personal Information that Fireplace Group holds about You at any time. However, this right of access is subject to some exceptions permitted by law. To make a request, please put your request in writing to the Privacy Officer using the contact details below.
In normal circumstances Fireplace Group will give You full access to the Personal Information held about You as soon as practicable, subject to and in accordance with the Privacy Act. However, in some circumstances Fireplace Group may require proof of identity, impose a charge or deny your request if it would be unreasonable to provide You with access, or would impact on the privacy of another person.
Fireplace Group reserves the right to charge a fee for searching for and providing access to your Personal Information. In the event Fireplace Group refuses You access to your Personal Information, Fireplace Group will provide You with an explanation for that refusal.
You can request that information about You be corrected or deleted. However, Personal Information may be retained in certain files in order to resolve disputes or for auditing purposes. Some Personal Information may also be retained in Fireplace Group’s technical systems in accordance with its data security procedures.
11. Changes to this Policy
Fireplace Group may in Our absolute discretion review and change this Privacy Policy from time to time. The amended Privacy Policy will be updated on the application or on Our website and will apply whether or not We have given You specific notice of any change. Check the Privacy Policy on the application or on Our website periodically if You would like to monitor any changes.
12. Complaints
You may contact Us at any time if You have any questions or concerns about this Privacy Policy or about the way in which your Personal Information has been handled.
You may make a complaint about privacy to the Privacy Officer at the contact details set out below.
The Privacy Officer will first consider your complaint to determine whether there are simple or immediate steps which can be taken to resolve the complaint. Fireplace Group will generally respond to your complaint within fourteen (14) days
If your complaint requires more detailed consideration or investigation, Fireplace Group will acknowledge receipt of your complaint within fourteen (14) days and endeavour to complete our investigation into your complaint promptly. Fireplace Group may ask You to provide further information about your complaint and the outcome You are seeking. Fireplace Group will then typically gather relevant facts, locate and review relevant documents and speak with individuals involved.
In most cases, Fireplace Group will investigate and respond to a complaint within thirty (30) days of receipt of the complaint. If the matter is more complex or Our investigation takes longer, Fireplace Group will let You know.
If You are not satisfied with Our response to your complaint, or You consider that Fireplace Group may have breached the APPs or the Privacy Act, a complaint may be made to the Office of the Australian Information Commissioner. The Office of the Australian Information Commissioner can be contacted by telephone on 1300 363 992 or by using the contact details on the website www.oaic.gov.au.
13. Governing Law
This Privacy Policy and use of the mobile device application are governed by the laws of Australia. If a dispute arises under this Privacy Policy, You agree to attempt to resolve the dispute under those laws.
14. Access to Privacy Policy
If You require a copy of the Privacy Policy in another form, please contact the Privacy Officer using the details below.
15. Contact Details of Privacy Officer
Attn: Privacy Officer
Fireplace Products Australia Pty Ltd
1-3 Conquest Way
Hallam, VIC Australia, 3803
Phone: +61 3 9799 7277 | Fax: +61 3 9799 7822
Email: privacy@regency-fire.com
16. Glossary of Terms
Primary Purposes means conducting the business of FPA, including:
(a) granting credit to you; and
(b) supplying goods and services to you.
Secondary Purposes means matters incidental to conducting the business of FPA, including:
(a) business marketing;
(b) data use and collection for internal business purposes;
(c) storage and security of the information;
(d) debt collection;
(e) credit-reporting;
(f) complying with the law.
Sensitive information means information or an opinion about an individual’s:
(a) racial or ethnic origin;
(b) political opinions;
(c) membership of a political association;
(d) religious beliefs or affiliations;
(e) philosophical beliefs;
(f) membership of a professional or trade association;
(g) membership of a trade union;
(h) sexual orientation or practices;
(i) criminal record;
(j) health information;
(k) genetic information; or
(l) biometric information or templates.