Privacy

Privacy policy

Last updated: March 2021

La Marzocco Australia is committed to providing quality products and services to you. This policy outlines our ongoing obligations to you in respect of how we manage your “Personal Information”. We comply with the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (Privacy Act). The APPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information. A copy of the APPs may be obtained from the website of the Office of the Australian Information Commissioner at www.oaic.gov.au.

1. What is Personal Information and why do we collect it?

Under Australian law, “Personal Information” is information or an opinion that identifies an individual or which could reasonably identify the individual, regardless of whether the information or opinion is in material form or not. We generally collect the following types of Personal Information from individuals:

• Identity information (such as your name);
• Your country of residence;
• Your trade show or similar event attendee details (where applicable);
• Your financial information (such as your bank account or credit card details, for any purchase of products or services);
• Contact information (such as the name of your employer (if any), your address, your telephone number, and your email address) and
• Any other personal information you provide to us from time to time.

If you access our website or you interact with us via social media, we may also collect information relating to your user ID associated with the social media service, any information or content you permit the social media provider to share with us (including your profile picture, email address, followers or friends lists) and any information you may have disclosed in connection with that social media service. We do not collect passwords associated with any social media accounts. When you interact with us via a social media service and/or through our website, you authorise us and consent to our collection, storage, use and disclosure of such information and content in accordance with this policy.

You do not need to provide us with Personal Information and you may interact with us on an anonymous or pseudonymous basis. However, if you choose to interact with us on this basis, or if you do not provide Personal Information when requested, we may be unable to provide you with the goods and/or services that you request from us. Further, we may need to verify (and we reserve the right to verify) your Personal Information as part of our response to your request to access and/or correct Personal Information we hold about you, or as part of our complaints-handling procedure. If we cannot verify your identity, or you continue to engage with us in an anonymous or pseudonymous basis, we may be unable to complete your request or pursue our complaints-handling procedure.

The data controller of personal data is La Marzocco Srl, with registered office in Viale Gian Giacomo Matteotti no. 25, 50121 – Florence, Italy; Tax Code, VAT Number and Registration in the Florence Business Register no. 04040140487 (hereinafter “Data Controller” or “LM”).

The Data Controller has designated the Data Protection Officer (hereinafter “DPO”), who can be contacted, for all matters relating to the processing of your personal data and the exercise of your rights under the GDPR, at the following e-mail address: dpo@lamarzocco.com.

2. What Personal Information do we collect from people who visit our blog, website or app?

When registering on our site, you may be asked to enter your name, email address, mailing address, phone number and/or other details to help you with your experience.

Additionally, when you access and interact with our website, we may collect certain information about those visits. For example, in order to permit your connection to our website, the servers receive and record information about your computer, device and browser, including your IP address, browser type and other software and hardware information. If you access our website from a mobile or other device, then we may collect a unique device identifier assigned to that device, geolocation data, or other transactional information from that device.

In visiting our website or accessing our services, we may also use “cookies” to enable us to monitor traffic patterns and to serve you more efficiently. A cookie does not identify you personally, but it does identify your computer. You can set your internet browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept it or reject in each instance. You may also configure your web browser to disable cookies altogether. However, if you disable cookies or reject them, our website may not function as expected or at all.

3. When do we collect Personal Information?

We collect Personal Information from you in one or more of the following situations:

• When you register on our site, place an order, subscribe to a newsletter, respond to a survey, complete and submit a form to us or enter information on our site;
• When you interact with us via email, telephone, in-person or via social media;
• When you send us mail correspondence;
• In the course of providing our products and services to you or to your employer (including, for example, when we provide maintenance services to you in respect of products you have purchased from us); and
• At trade shows and exhibitions (including, for example, when our employee exchanges business cards with you).
Additionally, while we typically collect Personal Information directly from you, we may occasionally collect Personal Information about you from third parties, such as from people who may have referred you to us.

From time to time, we may receive Personal Information about an individual without specifically requesting that Personal Information or taking active steps to collect it. For example, we may receive misdirected mail or an employment application on the initiative of the job applicant and not in response to an advertised vacancy. Additionally, we may receive Personal Information from you on an unsolicited basis when you volunteer more Personal Information than we requested from you.

If we receive unsolicited Personal Information, we will deal with it in accordance with our obligations under the APPs. This includes taking reasonable steps to destroy or de-identify the unsolicited Personal Information if we determine we could not lawfully have collected the Personal Information had we taken active steps to collect it.

4. How do we use your Personal Information?

We generally only use and/or disclose your Personal Information for the primary purpose(s) for which we collected the Personal Information. We may also use and/or disclose the Personal Information for a secondary purpose where the secondary purpose is related to a primary purpose for which you would reasonably expect us to use the collected information. We may also use and/or disclose the Personal Information as permitted or authorised by law.

We will use and/or disclose your Personal Information for the purpose of providing our products and services to you or to your organisation and to comply with our obligations owed to you or your organisation under a contract entered into with you or your organisation for the purpose of providing our products or services to you. In addition, we may use or disclose the Personal Information:

(a) to improve our website in order to better serve you;

(b) to personalise user’s experience and to allow us to deliver the type of content and product offerings in which you are most interested;

(c) to allow us to better serve you in responding to your customer service requests;

(d) to administer a contest, promotion, survey or other site feature;

(e) to quickly and efficiently process your transactions;

(f) to send periodic emails regarding your order or other products or services;

(g) to process your transactions and to administer your account (including by processing of invoices bills, statements of account and related financial matters necessary to enable us to provide your goods and/or services to you);

(h) to better understand who purchases and uses our products and services that we offer;

(i) to address your queries and warranty claims, and to resolve complaints;

(j) to enable third parties (including our related bodies corporate located outside Australia) to perform services on our behalf, such as delivering packages, addressing warranty claims, sending correspondence and processing payments;

(k) to comply with our obligations owed to a third party under a contract entered into with the third party for your benefit or the benefit of your organisation;

(l) to initiate contact with you if you or your organisation have not purchased products or services from us or otherwise not engaged with us for an extended period of time. Please note that we will not do this if you inform us that you no longer wish to be contacted by us or by anyone on our behalf; and

(m) to recover debts where you or your organisation fail to pay for products and/or services supplied by us or our related bodies corporate, and to otherwise enforce our rights and to defend claims made against us.

Periodically, we may send emails or other communications containing marketing materials or promotions of our products and services to you or otherwise directly market our products and services to you on the basis that you would reasonably expect us to do so, where we have collected your Personal Information from you already. For example, where we have collected your Personal Information (including by way of an exchange of business cards) at a trade show, or at an exhibition event, we may send emails to you directly marketing our products and services to you following the trade show or event.

Where we collect Personal Information about you from a third party, then we will not use that Personal Information to directly market to you without your consent. By your use of our website, you consent to us doing so.

If you no longer wish to receive marketing communications from us, you may unsubscribe at any time by using the unsubscribe facility set out in each marketing communication, or by sending an email to us. We will remove you from the mailing list as soon as possible.

When we collect Personal Information we will take reasonable steps to explain to you why we are collecting the information and how we plan to use it (including by reference to this Privacy Policy).

5. Sensitive Information

Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information. We do not collect sensitive information.

6. Disclosure of Personal Information

We may disclose your personal information to third parties, but only on an as-needs basis. Recipients who may receive Personal Information include the following:

(a) Our agents, contractors and suppliers in order to enable them to provide goods or to perform services for us, or to assist us in providing our goods and services to you;

(b) Our related bodies corporate (including related bodies corporate located in Italy, New Zealand and the United States of America);

(c) Our professional advisers (including our lawyers and financial advisers);

(d) Our insurers and auditors;

(e) Third parties where you consent to the use or disclosure; and

(f) Where required or authorised by law.

In addition, we may disclose de-identified and aggregated data about our customers, sales, traffic patterns and related site functions to reputable third parties primarily for the purpose of assisting us to improve our service offering.

We may disclose Personal Information to recipients located outside Australia, including our related bodies corporate located in Italy, New Zealand and the United States of America. You consent to such cross-border disclosure of Personal Information we collect from you and we will be exempt from the Privacy Act in relation to disclosed information and we are not liable in relation to any act or omission that results in an interference of your privacy in connection with such information. For disclosures out of Australia, we note that Australian Privacy Principle 8.1 (reasonable steps to be taken prior to cross-border disclosure of personal information) will not apply to such disclosure.

Where it is not reasonably practicable for us to obtain your consent, we will otherwise comply with the requirements of the Privacy Act in relation to the Personal Information disclosed to an overseas recipient.

If you communicate with us via email or through a social network service such as Facebook or Twitter, the email or message may be routed through servers located outside Australia and, in relation to a message sent through Facebook or Twitter, the social network provider and its partners could collect, hold and process your Personal Information contained in your message in a jurisdiction outside Australia.

We may disclose your Personal Information to third parties (including those listed above) for the purposes of:

(a) complying with our obligations owed to you under any contract between us and you, or as required by law;

(b) complying with our obligations owed to third parties under any contract between us and the third party where the completion of our obligations requires the disclosure of Personal Information we have collected to the third party;

(c) enabling those third parties to perform services on our behalf, such as delivering packages, addressing warranty claims, sending correspondence and processing payments;

(d) marketing us, our products and our services to you; and

(e) recovering debts where you fail to pay for products and/or services supplied by us, and to otherwise enforce our rights and to defend claims made against us.

Without limiting the foregoing, we may disclose your Personal Information to our business partners, such as auditors, financial services or insurance companies, and to our professional advisers (such as our legal and accounting advisers), for them to complete their obligations owed to us under agreements that we have entered into for the purpose of undertaking our business operations and activities.

In addition, we may disclose de-identified and aggregated data about our customers, sales, traffic patterns and related site functions to reputable third parties primarily for the purpose of assisting us to improve our service offering.

7. Security of Personal Information

We take reasonable steps to ensure that your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure. However, you acknowledge and agree that no data transmission over the internet or mobile data and communication services can be guaranteed as being totally secure.

When your Personal Information is no longer needed for the purpose(s) for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, we may retain your Personal Information in records maintained for taxation and compliance purposes.

8. Access to your Personal Information

You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing. Subject to the following and exceptions permitted under the Privacy Act, we will grant access to the Personal Information we hold about you in a timely fashion, and we will use our reasonable endeavours to grant access in the manner that you request.

We will not charge any fee for your access request, but we may charge an administrative fee for providing a copy of your Personal Information. We will endeavour to notify you of the fee before we provide the copy of Personal information to you.

If you establish that the Personal Information we hold about you is inaccurate, incomplete or not up-to-date, then we will take reasonable steps in order to correct the information. If we have disclosed inaccurate, incomplete or outdated Personal Information to a third party, then we will take reasonable steps to ensure that the recipient is aware of the correction to the Personal Information.

In order to protect your Personal Information we may require verification of your identity before releasing the requested information. Further, to the maximum extent permitted by law, we reserve the right to redact information made available in response to an access request, in order to protect the privacy of other individuals.
In some circumstances, we may refuse to provide you with access to or correction of your Personal Information including (but not limited to) where:

(a) giving access would have an unreasonable impact on the privacy of others;

(b) the information relates to existing or anticipated legal proceedings, and the information would not be discoverable in those proceedings;

(c) giving access would be unlawful;

(d) denying access is otherwise required or authorised by aw; or

(e) the request for access is frivolous or vexatious.

If we refuse to provide you with access to, or we refuse to correct your personal information, then we will provide you with an explanation in writing.

9. Maintaining the quality of your Personal Information

It is an important to us that your Personal Information is up to date. We  will  take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. However, the accuracy of the Personal Information that we hold largely depends on the accuracy of the information that you supply to us. If you find or believe that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality goods and services to you.

10. Policy Updates

This Policy may change from time to time and is available on our website.

11. Privacy Policy Complaints and Enquiries

If you have any queries or complaints about our Privacy Policy or the manner in which we have collected, used, disclosed or otherwise handled your Personal Information, please contact us at:

Privacy Compliance Officer
La Marzocco Australia
Email: privacy.au@lamarzocco.com
Tel: (03) 8413 4777

We will acknowledge receipt of your complaint and we will endeavour to deal with your complaint and provide you with a response within a reasonable time following our receipt of your complaint (generally 30 days from our receipt of your complaint). Where a complaint requires a more detailed investigation, it may take longer to resolve. If this is the case, we will provide you with progress reports.

We reserve the right to verify your identity and to seek (where appropriate) further information from you in connection with the complaint. We may also seek information regarding the complaint from third parties, subject to our obligations regarding the privacy of personal information.

Where we are required by law to do so, we will acknowledge your complaint in writing and provide information in writing to you on how we will deal with your complaint. Further, if we are required by law to do so, we will provide our determination on your complaint to you in writing. We reserve the right to refuse to investigate and otherwise deal with a complaint, if we consider it to be vexatious or frivolous. Where we determine not to investigate or deal with your complaint, we will notify you in writing, including the reasons why we will not investigate or deal with your complaint.

If you are dissatisfied with the outcome of your complaint, you may escalate the complaint to the Office of the Australian Information Commissioner.