Collection Statement

The Mix Australia Pty Ltd ("TMA") collects, holds and uses information subject to its privacy policy. To the extent such information is credit information, TMA holds and uses credit information subject to its credit reporting policy. TMA may collect information from third parties (such as Independent Thermomix ® Consultants). Failing to provide information to TMA may mean TMA cannot provide its products and/or services. By providing information, you agree that TMA may use the information to directly market to you (unless you opt out). Information may be disclosed overseas to recipients in New Zealand, Germany, Switzerland, other European countries and the USA.

Privacy Policy

1.   Our Privacy Commitment

The Mix Australia Australia Pty Ltd (TMA) is committed to protecting the privacy of your Personal Information. If you decide to share your Personal Information - we want to do the right thing by you - and all the individuals that we connect with every day.

In this Policy ‘we’, ‘us’, ‘our’ and ‘TMA’ refers to The Mix Australia Pty Ltd (ACN 069 944 930) and any related companies and affiliates.

Our privacy commitment is to do more than just comply with the law - we want to gain and keep your trust - by handling your Personal Information in a transparent and accountable way, and by ensuring that it is held securely. We will always collect, store, use and disclose Personal Information in accordance with all applicable privacy laws. 

TMA is bound by the:

• Privacy Act 2020 (New Zealand); and
• Privacy Act 1988 (Australia).

‘Personal Information’ basically means any information which identifies you as an individual, such as your name, address and contact details.

Please note that this privacy policy applies to any Personal Information or data gathered through:

• The use of any other websites or mobile applications (apps) that we own and control and that may link to this policy. These include, but are not limited to https://thermomix.com.au/ and https://thermomix.co.nz/.
• Any other means, including at any events, demonstrations, classes and experiences.

If you choose to provide your Personal Information or data to us, you are consenting to the terms and conditions that are outlined in this privacy policy. Except to the extent that we collect Personal Information about you from your interactions with us through our website, the Recipe Community or our social media channels (such as Facebook, Instagram and Twitter), we are not responsible for the privacy of any Personal Information that you reveal in any public forum online.

We reserve the right, at our discretion, to modify or remove portions of this Privacy Policy from time to time. You should review this Privacy Policy periodically to ensure you are updated on any changes.

Your privacy is very important to us and we take the matter very seriously. If you have any concerns about your privacy or how your Personal Information is being handled, please contact our Privacy Officer by emailing marketing@thermomix.com.au.

2.   Who We Are

Trust and togetherness are at the centre of everything we do. For this reason, we think it is important that we give you a bit of information about who we are too.

TMA is the sole Australian distributor of Thermomix, which are made by Vorwerk International. We are proud that TMA has become the world’s leading independent Thermomix distributor. TMA is also the owner of The Mix Association New Zealand and TheMix Shop, our ecommerce store for genuine Thermomix parts and accessories, as well as a whole range of premium kitchen and home products.

The Thermomix is demonstrated and sold by over 2500 independent Thermomix Consultants in Australia and near-on 300 independent Thermomix Consultants in New Zealand, who run virtual or in-home cooking experiences to showcase the current model Thermomix. At the time of writing, this is the TM6.

TMA employs approximately 150 staff to support our customers and consultants, including a Perth-based customer service centre. Our business has also expanded to include offices in Melbourne, Brisbane and Auckland, New Zealand.

If you have any questions about our privacy practices or wish to withdraw your consent to the collection, use or disclosure of your Personal Information or data, please contact our Privacy Officer by emailing marketing@thermomix.com.au.

3.   What Personal Information DO we collect?

TMA only collects the Personal Information that we need for one or more of our functions or activities.  We will only collect your Personal Information by lawful and fair means, and will not do so in an unreasonably intrusive manner.

Information that you provide

In order to handle your purchases, provide customer service, improve our products, provide in-person experiences or events and send you information about our products, trends and promotions, we may ask you to provide your:

• name;
• mailing/shipping address;
• billing address;
• e-mail address;
• date of birth or age range;
• gender (optional);
• purchase/return/exchange information;
• contact telephone numbers;
• product reviews;
• account or loyalty user name/password;
• payment information (credit/debit card);
• social media names or other details;
• identification details (e.g. licence number, student, pensioner card);
• testimonials or opinions;
• photos of individuals (possibly including recordings on video and audio surveillance devices in our premises);
• records of written or verbal contact with TMA, including voice recordings of telephone conversations you have had with us;
• food habits;
• Thermomix model ownership; and/or
• preferred activities, including but not limited to lifestyle and other interests.

We may also collect some Personal Information from our vendors and suppliers when we conduct and manage our business or if we need to undertake a credit assessment. In New Zealand, the Privacy legislation covers the Personal Information of employees and job applicants, and so we may also collect your Personal Information when we make you an offer for employment purposes or to undertake employment, human resource and payroll related functions.

Where we can, we will allow you to deal with us anonymously or by using a pseudonym.  However, in some circumstances, this may not allow us to provide you with a service you have asked for (such as delivery). If you ask our Privacy Officer (see below) about this option, we will inform you if it is possible for an interaction to occur on an anonymous basis. Whilst you may opt to not to provide us with your Personal Information, you should be aware that without this Personal Information, we may not be able to provide you with some of the services and/or products you are seeking. 

If you provide us with information about any third-party, you must obtain that third-party's permission to give us the information and inform them that you have given the information to us. If you provide your Personal Information to a third-party via a link from any TMA website or app, you should be aware that the information you provide may be collected and managed by those third-parties, which may not be related to TMA. You should familiarise yourself with their privacy policy before deciding whether you want to provide them with your Personal Information. Whilst links to third party websites may be provided on our website, we are not responsible for the content or practices of third-party websites. These links are provided for your convenience and do not represent TMA's endorsement of any linked third-party website. No links may be made to any TMA website without our prior written consent.

Other information we collect about you

We may collect information about you or your activities from our related companies, affiliates or third parties, such as web hosting providers, analytics companies, social media platforms, data companies, marketing platforms, and advertising services. This could include information such as:

• demographic information;
• shopping preferences;
• engagement with our website and marketing activities; and/or
• information about your interests.

Most of the Personal Information that we hold about you will be from your direct dealings with us, but we may also collect your Personal Information from a third party, anyone authorised to act on your behalf, or via social media. We will only do this if we have been advised that you have consented to the collection of your Personal Information, or if you would reasonably expect us to collect your Personal Information in that way.  

We may also collect Personal Information from our business or related entities and affiliates who have collected your information, or by accessing data from other sources.  We may then analyse that data and match it with the information that we already hold about you, in order to learn more about your preferences and interests. If we receive your Personal Information from a third-party, and it is not information we need for the purposes of our business activities, we will destroy or de-identify that information (provided it is lawful to do so).

You may be offered the option to join one of our loyalty programs. If you choose to do this, we will collect Personal Information including your profile information, purchase history and the contents of your online wish list with us.

We may also collect Personal Information about you from our independent Thermomix® Consultants, in certain situations (including when you place an order to purchase a Thermomix with an independent Thermomix® Consultant). We will collect information such as your name, shipping and billing address and contact details such as telephone and email address, ordered and returned products, delivery information and invoice information.

We may also collect Personal Information about you from your employer when your employer is applying for us to provide goods and/or services and third parties (including credit reporting bodies such as Veda Advantage and Dun & Bradstreet, the Australian Securities & Investments Commission (“ASIC”) and land title offices) in relation to credit checks, property searches and company extracts. In these situations, it would be unreasonable or impracticable for us to collect the Personal Information about you directly from you.

If you interact with chatbots (automated messengers) we will record what you respond to these chatbots, how you interact with them and we will store data related to the device that you use. Depending on the platform for the chatbot and your permissions, the data we collect may include your IP address, social media handle, time zone, country and GPS location. The platform that provides the chatbot may also collect some of this data. For example, if the chatbot is provided on Facebook, this platform will collect your user data as well.

We also collect data on your usage of vouchers and/or gift cards.

Third party automated information collection

When you visit any of our websites or applications or access our in-store Wi-Fi, we may automatically collect your:

• device ID;
• device type;
• browser types and version;
• geo-location and in-store location;
• IP Address;
• your network activities when using our Wi-Fi;
• Personal Information from social media networks where we have a connection e.g. Facebook, Instagram, Twitter; and/ or
• how you use our site (search terms, page views, referring sites, content views).

Collection of Cookies

We, and third parties (including our service providers) may collect data using cookies and other device identifying technologies. We use cookies and tracking technologies to collect your IP address, device ID information, ISP provider, browser type, postcode, the pages and content you view on our website (s), the search terms you enter on our website, and the actions you take on our website. 

In some cases, the third parties we work with may use cookies and other technologies (such as those described in this policy) to support TMA’s digital marketing initiatives. Analytics collects any demographic and interest information available in a cookie. These technologies may be used in connection with activities like surveys, online behavioural advertising, website analytics, and email campaign management. The ‘Help’ section of your browser may tell you how to prevent your browser from accepting cookies.

Cookies are pieces of information that a website transfers to your computer for record-keeping purposes.  Cookies help provide additional functionality to the website or to help us analyse site usage more accurately. We use information collected from cookies to better understand, customise and improve user experience with our websites, services and offerings, as well as to manage our advertising. For instance, our server may set a cookie that keeps you from having to enter a password more than once during a visit to one of our sites. Also, we may use web analytics services that leverage cookies to help us to understand how visitors engage with and navigate our site (e.g. how and when pages in a site are visited and by how many visitors).

There are four main types of cookies that we use:

• site functionality cookies – these allow you to navigate the site and use our features, such as “Add to Cart”;
• site analytics cookies – these cookies allow us to measure and analyse how our customers use the site, to improve both its functionality and your experience;
• customer preference cookies – when you're browsing or shopping on our website(s), these cookies will remember your preferences (like your language or location), so we can make your experience as seamless as possible, and more personal to you; and
• targeting or advertising cookies – these are used to deliver ads relevant to you. They also limit the number of times that you see an ad and help us measure the effectiveness of our marketing campaigns.

Our use of cookies means we are able to offer our visitors a more customised, relevant experience on our sites by delivering content and functionality based on your preferences and interests.

If you have provided us with Personal Information (e.g. through a registration or a request for certain materials), we may associate this Personal Information with information gathered through cookies. This allows us to offer increased personalisation and functionality.

In all cases in which cookies are used, the cookie will not collect Personal Information except with your explicit permission. Your web browser can be set to allow you to control whether you will accept cookies, reject cookies or to notify you each time a cookie is sent to your browser. If your browser is set to reject cookies, websites that are cookie-enabled will not recognise you when you return to the website, and some website functionality may be lost.

Collection of information via Interest Based Advertising

TMA may use third party advertising companies to display ads that are tailored to you based on how you browse and shop online, a practice commonly referred to as “interest-based” or “behavioural” advertising. We allow these third parties to collect certain information when you visit our websites or use our applications, including non-personally identifiable information (browser type, subject of advertisements clicks on, session IDs) and personal data (such as static IP address). The information that we obtain about you from social media platforms depends on your account and privacy settings within the platforms and the platforms’ privacy policies. You can use Ads Settings on your browser to manage the Google ads that you see and to opt out of Ads Personalisation. Please note that you may need to opt-out separately from each service.

The services TMA may use from time to time include those offered by Facebook (Custom Audience), Google (including Google Display Network and DoubleClick), Yahoo, Adobe (including Campaign Manager and Analytics), and Microsoft. You can find out more information about these services in the privacy policies for those services, including information on how to opt-out of certain things (e.g. Google Analytics Advertising Features which uses age, gender, and interests categories to target our ads to you on the Google Display Network). We may also use tools such as Roy Morgan Helix Personas to segment our customers into targetable groups.

If you use a third-party authentication service or social account (e.g. Google or Facebook) to log into one of our websites, this allows the TMA website to make a request for data about you.  If you choose to log in with an authentication service or social account, your data will be shared between those social networks and TMA. You should therefore stay updated on your social networks' privacy policies, and only use the social log-in for sites you feel comfortable sharing data with.

TMA may also engage in social listening – which means we monitor our social media channels for any customer feedback or direct mentions of our brands.  We do this by looking out for specific keywords or topics. If you actively communicate about us or our brands on social media, we collect a copy of your communication. For example, if you use #Thermomix in relation to one of the items we sell, we may retain a copy of the tweet or other communication and may use it for our brands awareness. In order to enable us to do this, we may contract third parties for the provisioning of social listening services. Please note that any information you post or disclose through these services will become public and may be available to other users and the general public. Also, if you disclose any Personal Information relating to us, other people or to our service providers, you represent that you have the authority to do so and also permit us to use the Personal Information in accordance with this privacy policy.

If you choose to connect your social media account to your TMA member account (where such a feature is available), you will share certain personal data from your social media account with us, for example, your name, email address, photo, list of social media contacts, and any other information that may be or you make accessible to us when you connect your social media account to your TMA member account. We will engage in these activities to manage our contractual relationship with you, with your consent or where we have a legitimate interest. If you have the option to logon to your account through Facebook, Google, Instagram or other social media accounts, we collect profile information from your social media account including your name and email address. Please note that when accessing your account through a social media platform, the social media provider will be notified of your access to the account. Please refer to the privacy notice of the respective social media provider(s) for more information on how your Personal Information is stored.

Receipt of Unsolicited Personal Information

From time to time, we may receive Personal Information about an individual without specifically asking for that Personal Information. For example, we may receive misdirected mail or an employment application sent to us on the initiative of the job applicant and not in response to an advertised vacancy. Additionally, we may receive unsolicited Personal Information from an individual when we ask the individual to provide us with Personal Information and the individual supplies more than what we have requested from the individual.

If we receive unsolicited Personal Information, we will assess whether we could have lawfully collected the Personal Information had we asked for it. If we decide that we could have lawfully collected the Personal Information, we will hold, use, disclose and dispose of that Personal Information in accordance with this Privacy Policy and our legal obligations. If we decide that we could not have lawfully collected the Personal Information, then we will destroy or de-identify the Personal Information as soon as practicable, if it is lawful and reasonable to do so.

4.   How your Personal Information is used by TMA

We only use Personal Information for the primary purpose for which the Personal Information is collected or a secondary purpose related to the primary purpose for which you would reasonably expect us to use the collected information or otherwise as permitted by law.

TMA may use your Personal Information for a number of purposes, (including but not limited to):

• to identify you and any records relating to you;
• to provide you with the products and services you have requested;
• to manage your requests for products and services including delivery, processing payments, providing refunds, discounts and incentives;
• to develop and improve the products and services we offer, our websites and directory;
• to better understand who purchases and uses Thermomix ® and other products and services which we offer (either directly, through an Independent Thermomix ® Consultant or through other means), those who use the Site and the other social media and online channels we operate (including through market research in relation to our products and services);
• to better understand our relationship with current, prospective and former Independent Thermomix® Consultants;
• to provide products and services to you or for Independent Thermomix® Consultant purposes;
• processing your transaction and administering your account, including by processing of invoices, bills, statements of accounts and related financial matters necessary to enable us to provide your goods and/or services to you;
• addressing queries, warranty claims or resolving complaints;
• to send information updates, marketing materials and newsletters to you (including marketing, advertising or otherwise promoting the opportunity to become an Independent Thermomix® Consultant and our products and/or services);
• seeking your participation (on a voluntary basis) in advertising campaigns, events, launches, customer testimonials and focus groups;
• to verify your identity and registered user status;
• to initiate contact with you if you have not purchased products or services from us, you have terminated your Independent Thermomix® Consultancy, or otherwise not engaged with us for an extended period (unless you inform us you no longer wish to be contacted by us or by anyone on our behalf, such as an Independent Thermomix® Consultant);
• to maintain and improve customer services and seek your feedback, including conducting product and market research and analysis;
• to improve our operational processes, enhance your customer experience and to monitor and review our compliance with relevant regulations and codes of conduct in our dealings with you;
• to send you reminders;
• to manage your gift card balance;
• to market the products and services of TMA and any related companies and affiliates;
• maintain and improve customer services, including conducting product and market research and analysis;
• to collect information from your computer through the use of cookies;
• to facilitate services and appropriate communication between you and our preferred financial services and credit suppliers;
• to comply with any legal obligations or governance requirements;
• to facilitate your interactions with us on our website or mobile apps;
• to consider making an offer for employment purposes;
• to meet our legal obligations and to notify you of matters that we are required to do so by law (such as product recalls);
• to carry out internal functions such as training;
• to interact with Regulators or other Government agencies;
• to manage and resolve any legal or commercial complaints and issues;
• to investigate fraud and to carry out loss prevention activities; and/ or
• as part of buying or selling our business.

Use of your information for Direct Marketing

From time to time, we may send emails containing marketing materials or promotions of our products and services or the Independent Thermomix® Consultancy opportunity 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.

When you provide your personal details, you may consent to us using your Personal Information for direct marketing purposes (for an indefinite period). From time to time, we may contact you with information about products and services offered by us and our business partners or affiliates, which we think may be of interest to you.  When we contact you, it may be by mail, telephone, email, SMS or via social media. These communications may relate to products and services of TMA and any related companies and affiliates, and other products that may be of interest to you.

De-identified Personal Information may also be used to allow corporate reporting within our business and with our affiliates. In New Zealand, unique identifiers such as driver’s licence numbers, passport numbers, or IRD numbers will only be used when this is necessary. TMA will take reasonable steps to protect unique identifiers from misuse.  TMA will not use Australian Government Identifiers, such as Medicare numbers, or a driver’s licence number as its own identifier of individuals.

Where we use or disclose your Personal Information for the purpose of direct marketing, we will:

• allow you to request not to receive direct marketing communications (also known as ‘opting-out’); and
• comply with your request to ‘opt-out’ of receiving further communications within a reasonable timeframe.

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 the website, you consent to us doing so. However, you may unsubscribe from these marketing materials at any time by clicking on the unsubscribe option or by sending an email to us. We will remove you from the mailing list.

You can ask to be removed from our marketing lists at any time by unsubscribing via the method outlined in our communications or by contacting us directly. You can contact our Privacy Officer by emailing marketing@thermomix.com.au.

Using your information for Interest Based Advertising and Social Media Targeting

Social media and other IT platforms offer TMA the possibility to connect with you via those platforms and to share content from our website and other advertising with you. We may therefore use the Personal Information that we obtain from you to maintain your personal advertising profile.

If you have given us your consent to use your Personal Information for marketing, we may use your Personal Information to create a customer list that we can use to advertise to you, or to create a lookalike audience to find new people who share similar behaviours and interests as you.

For example, to make a ‘Custom Audience’ for our use on Facebook, we would upload information about you which would include an ‘identifier’ (such as email, phone number, address) to Facebook via direct integration, a CSV or TXT file.  Facebook would then create a Custom Audience or lookalike audience for us to use for marketing purposes. When we upload the customer list to Facebook (that may include your Personal Information) for the matching process, the information is ‘hashed’ and will be unidentifiable at an individual level. Hashing is a type of cryptographic security method that turns your identifiers into randomised code.

We are only allowed to use Personal Information or data from customers for targeting if they have given us their consent to market to them. Consent includes continuing to deal with us in circumstances where this Privacy Policy is always available for review. You can opt out of interest based marketing and social media targeting at any time through the ‘Preference Centre’ in our marketing emails or by emailing our Privacy Officer. If you have any questions about our privacy practices, the use or disclosure of your Personal Information or data, please contact our Privacy Officer by emailing marketing@thermomix.com.au. 

How your Personal Information is shared by TMA

In the course of conducting our business and providing our products and services to you, we may disclose your Personal Information. We only disclose Personal Information for the purposes for which it was given to us, or for purposes which are directly related to one of our functions or activities. 

We do not give it to anyone else unless one of the following applies:

• you have consented to the disclosure;
• you would reasonably expect, or have been told (for example, by means of this Privacy Policy), that your information will be disclosed any TMA related companies, affiliates or third-parties; or
• it is otherwise required or authorised by law.

If we engage third party agents or contractors, we will take reasonable steps to require that they do not breach privacy requirements in relation to the information we share with them, before we share your Personal Information with them.

We may disclose your Personal Information to:

• our employees, agents or contractors as required;
• to independent Thermomix ® Consultants;
• email marketing providers such as Vision 6 and Klaviyo;
• data analytics providers such as Hotjar;
• The Mix Association New Zealand or any of our related entities;
• professional advisers (such as lawyers, accountants, auditors) to the extent that is reasonably required;
• advertising, marketing, social media and promotional agencies that we engage;
• payment systems operators and financial institutions including but not limited to ZIP, Afterpay and Direct Payment Solutions (DPS)
• online review platforms;
• debt collectors (where legally allowed);
• third-party service providers that provide us with communication (email) or data storage services;
• technology services including application, development and technical support, processing, storing, hosting and data analysis;
• administrative services, including mailing services, printing, archival and contact management services;
• third party agents or contractors with whom we contract in the ordinary course of business;
• organisations authorised by TMA to conduct promotional, research or marketing activities;
• upon lawful request from law enforcement agencies or government authorities; and/or
• any persons acting on your behalf including those persons nominated by you, executors, trustees and legal representatives.

In all circumstances where your Personal Information is disclosed, we will take reasonable steps to require that those third parties undertake to protect your privacy.

Disclosure to overseas recipients

Third parties to whom we disclose Personal Information may be located outside Australia, including Vorwerk international Strecker & Co in Switzerland and Germany and its related entities, and The Mix Association New Zealand. Additionally, information (including Personal Information) may be hosted for us in data centres located in Europe, the United States of America and/or other countries as determined by us from time to time in our discretion.

If we do this, we will take reasonable steps to require that the overseas recipient does not breach the relevant privacy laws in relation to that information.

Sometimes we use third-party platforms and services to process sales, provide web support, send marketing messages, deliver products or otherwise deliver information. Our service providers are mainly located in Australia and New Zealand. However, from time to time we may need to engage service providers in other countries. These services may also involve geographic locations which change from time to time which include data protection and processing efficiency.  Where these services are used by us, it may not be practicable for us to notify you which country your Personal Information may be located in. We may also be required to report to regulatory authorities, within or outside of New Zealand or Australia.

Your Personal Information may also be stored in a secure and/or encrypted form overseas (e.g. in data storage and cloud computing facilities operated by us or by third parties on TMA’s behalf). By providing us with your Personal Information, you are agreeing to the disclosure of your Personal Information to third parties operating outside of New Zealand and Australia. TMA will take reasonable steps to require that any Personal Information we disclose overseas is handled in accordance with the law.

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

• complying with our obligations owed to you under any contract between us and you, or as required by law;
• 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;
• enabling those third parties to perform services on our behalf, such as delivering packages, addressing warranty claims, sending correspondence and processing payments;
• marketing us, our products and our services to you; and
• recovering debts where you fail to pay for products and/or services provided by us.

Without limiting the foregoing, we may disclose your Personal Information to our business partners, such as auditors, financial services or insurance companies, or 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. This information may include scrambled credit card details (although these will only be used with your consent for any transactions with them).

In addition, we may disclose statistics (with personal identifiers removed) about our customers, readers, sales, traffic patterns and related site functions to reputable third parties primarily for the purpose of assisting us to improve our service offering.

Business transfer clause

It is possible, moving forward, that there could be a change in our business ownership or structure (including but not limited to a merger, acquisition or sale of a portion of all or some of our assets, (including our customer databases)), or we may undertake a corporate reorganisation or other action or transfer the Personal Information we handle between TMA’s related companies or entities.

In the event that this should happen, you should be aware, that when you provide your Personal Information (by any means, whether verbal, written or electronic) or through your use of the TMA websites at any time, you are consenting to the future transfer of your Personal Information to a potential or actual new owner or successor entity so that services can be continued to be provided to you. It is possible that our member information, including your Personal Information, may be transferred to the new business entity as one of TMA's assets. In such an event, we will update this policy to reflect any change in ownership or control of your Personal Information.

By agreeing to the terms of this Privacy Policy, you acknowledge that such transfer of your Personal Information may occur in the future, and that any new owner or successor entity can continue to handle your Personal Information as set forth in this privacy policy.

5.   What choices can you make about your Personal Information?

Unsubscribe/Opt-Out

You can also unsubscribe from our email communications by way of the unsubscribe link in the footer of all marketing emails. If you no longer wish to receive the text messages that you had consented to previously, you can text “STOP” after receiving the text message. To opt-out of interest-based advertising, please contact our Privacy Officer by emailing marketing@thermomix.com.au. 

A request to opt-out may take up to five business days to take effect.  If you are a loyalty program member, you may still receive communications related to your account, loyalty points or special officers (such as birthday discounts).

An opt-out request will also not stop transactional emails related to your purchases.

Access or correction of your Personal Information

We take reasonable steps to ensure that your Personal Information that we collect, use or disclose is accurate, complete and up-to-date. However, the accuracy of the information held by us largely depends on the accuracy of the information that you supplied to us. If at any time you discover that any information concerning you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us to correct the information.

You can request access to, or correction of, the Personal Information we hold about you at any time by contacting our Privacy Officer by emailing marketing@thermomix.com.au. Please note that we will verify your identity before granting access to the Personal Information we hold about you. We will provide you with that information unless we are prevented by law from giving it to you or there is a lawful reason why disclosure ought not be made.  If we are unable to give you access to the information you have requested, or make the correction you require, we will give you reasons for this decision when we respond to your request.

You will not be charged for accessing your information, although we might have to charge the reasonable cost of processing your request, including photocopying, administration and postage if required.  We will advise you of any fee payable before we process your request. If you believe that your Personal Information is not accurate, complete or up to date or you wish to request that we delete (or refrain from processing) any of your Personal Information that we handle, please contact our Privacy Officer by emailing marketing@thermomix.com.au.

If you just want to unsubscribe from marketing or promotions, you can do this via the method outlined in the communication or you can contact our Privacy Officer by emailing marketing@thermomix.com.au.

If you wish to make a complaint about our compliance with the Privacy Act, you can contact our Privacy Officer by emailing marketing@thermomix.com.au.

Sale of Personal Information

At TMA, we do not share your Personal Information directly with third-parties for their own marketing purposes in exchange for monetary consideration. However, as mentioned in this policy, we do engage in Interest-Based Advertising, where we allow third parties to place cookies, pixels, and trackers on our site to provide you with personalised ads. If you want to opt out of such advertising, please contact our Privacy Officer by emailing marketing@thermomix.com.au.

The ‘Help’ section of your browser may tell you how to prevent your browser from accepting cookies.

6.   How we protect your Personal Information

We hold Personal Information, at our premises in Australia and New Zealand and with the assistance of our service providers, such as Salesforce, Snowflake and Klaviyo (all based in Australia). We also use Shopify (Canada) and NetSuite (North America).  We have a number of security controls in place, and we take all reasonable steps to ensure that your Personal Information is stored securely and is protected from misuse and loss or unauthorised access, modification or disclosure.

Our computer systems may be operated by us or by our service providers.  In all cases, we have rigorous information security requirements aimed at eliminating risks of unauthorised access to, and loss, misuse or wrongful alteration of, the Personal Information that we handle. 

Examples of these measures include:

• control of access to Personal Information through access and identity management systems (such as passwords); and
• TMA personnel are bound by and trained on internal information security policies and are required to keep Personal Information secure at all times.

TMA has measures in place to protect your Personal Information including credit card information. Your credit card details are not held or processed on TMA's website or systems, all transactions are processed through a secure payment service provider. All transactions are processed using encrypted methods. DPS hosts all payment pages and transaction sessions. Your credit card details are not held by TMA and cannot be accessed by any TMA staff members.

Data Retention Policy

We will only keep your Personal Information for as long as we require it for the purposes of operating our business. However, we may also be required to keep some of your Personal Information for specified periods of time, for example under certain laws relating to companies, money laundering and financial reporting legislation.

7.   TMA Privacy Officer Contact

You can request access to the Personal Information we hold about you at any time, and we will provide you with that information unless we are prevented by law from giving it to you.

If we are unable to give you access to the information you have requested, we will give you reasons for this decision when we respond to your request.

You will not be charged for accessing your information, although we might have to charge the reasonable cost of processing your request, including photocopying, administration and postage. We will advise you of any fee payable before we process your request.

If you have any queries, concerns or complaints about the manner in which your Personal Information has been collected or handled by TMA or would like to request access to or correction of the Personal Information we hold about you please contact our Privacy Officer by emailing privacyofficer@thermomix.com.au.

This privacy policy is effective from September 2021.  From time to time, our privacy policies and procedures will be reviewed and, if appropriate, updated.  If any changes are made to this policy, these will be posted on our website. We are constantly developing and enhancing our use of online technologies and make reasonable efforts to ensure that we keep this Policy and related documents up to date in this regard.  Please check back on a regular basis to ensure you are familiar with our current practices.

Credit Reporting Policy

GENERAL

This Credit Reporting Policy sets out how The Mix Australia Pty Ltd (“The Mix Australia”, “us” and “we”) collect, use, disclose and otherwise manage credit-related information and applies if you or an entity with which you are associated apply for or are extended credit with us.

This policy is made pursuant to the Privacy Act 1988 (Cth) and is in addition to our general privacy policy that deals with how we collect, hold, use and dispose of personal information in compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. You can read our general privacy policy by clicking here.

COLLECTION

For the purpose of this policy, “credit-related information” means “credit information”, “CP-derived information” and/or “credit eligibility information” as those terms are defined in the Privacy Act 1988 (Cth).

“Credit information” includes information used to identify an individual, repayment history, types of credit applied for, default information, payment information, information about new payment arrangements, court proceedings and insolvencies, and publicly available information recorded on the National Personal Insolvency Index.

Credit reporting bodies may provide us with “credit eligibility information”, which is credit reporting information about the individual and CP-derived information about the individual. “CP-derived information” means any personal information derived from information a credit reporting body provides to us (for example, a credit score).

Where we provide you with credit (in the form of us providing you with goods and/or services and allowing a time in excess of seven days for you to pay us for those goods and/or services) or where we are considering an application to provide you with credit, we may collect and hold various information related to your financial position. In this situation, we are bound by the Privacy Act 1988 (Cth) to the extent it applies to credit-related personal information which we hold, use and disclose.

Please note that this does not apply to any foreign credit information or information provided to us by foreign credit providers. We will take all necessary steps to ensure that information we hold is not available to foreign credit reporting bodies or foreign credit providers.

We may collect such information from you in a number of ways, including through face-to-face meetings, your completion and submission of forms to us, your email communications with us and over the telephone. We may also collect information from people acting on your behalf, including independent Thermomix Consultants who submit orders for the purchase of goods and/or services we supply. We will also derive some credit information about you from your transactions in connection with credit, such as when you make payments to us.

Additionally, we may collect information about you from a credit reporting body, such as Veda Advantage, Creditor Watch, Credit Works Australia and SAI Global Property Division Pty Ltd.

To the extent that we are a credit provider for the purposes of the Privacy Act 1988 (Cth), the provision of credit is incidental to our business. Accordingly, we do not provide nor do we consider applications for the provision of consumer credit (within the meaning of the term under the Privacy Act 1988 (Cth)). Individuals seeking to purchase our goods and/or services on credit must apply to a licenced credit provider.

In the event we provide commercial credit, we may obtain credit reports in relation to individuals for the purposes of assessing credit applications (including applications to increase the amount or to change the terms of existing credit) from those persons or companies of which they are a director and also to assess whether to accept a guarantee from an individual.

PURPOSES OF COLLECTION, USE AND DISCLOSURE

We collect, hold and use your information primarily to provide goods and services to you. This extends to incidental or ancillary purposes such as including us deciding whether to extend you credit as part of the provision of goods and/or services to you.

We may disclose information about you to a credit reporting body for the purpose of us obtaining from that body credit reporting information for the purpose related to our provision of credit to you in accordance with the relevant provisions of the Privacy Act 1988 (Cth). The information we may disclose about you to a credit reporting body may be the following types of information: your full name, any previous names under which you may have been known, your date of birth, your gender, your current or last known address, your driver’s licence number (if you hold one) and the name of your current or last known employer.

For the purpose of such disclosures, the credit reporting bodies we may disclose such information are as follows: Veda Advantage, Creditor Watch, Credit Works Australia, SAI Global Property Division Pty Ltd and ASIC.

We collect and use your credit information in order to assess your financial position for our internal management purposes that are directly related to the management of our supply of goods and/or services, and where otherwise required or permitted by law.

We may disclose this information about you to: (a) related bodies corporate, or a person who manages credit, to manage credit or for related internal management purposes directly related to the provision or management of credit; (b) external dispute resolution providers; and (c) other persons where required or authorised by law.

We may disclose repayment history information to credit reporting bodies with whom we deal in accordance with the Privacy Act 1988 (Cth).

In accordance with the Privacy Act 1988 (Cth), we may also disclose to credit reporting bodies information about defaults on credit, except where an exception applies and where overdue payments previously disclosed by us to the relevant credit reporting body have been made to us.

PROTECTION OF YOUR INFORMATION

We take reasonable steps (including reasonable administrative, technical and physical steps) to protect the information in our possession from unauthorised loss, theft and unauthorised use, disclosure or modification.

However, we are not able to guarantee the complete safety of your information.

RETENTION OF YOUR INFORMATION

We will retain your information for the period necessary to enable us to fulfil the purposes outlined in this Credit Reporting Policy unless a longer retention period is required or allowed by law.

USE OF YOUR CREDIT-RELATED INFORMATION IN RELATION TO DIRECT MARKETING

We will not use personal information in any credit report disclosed to us by a credit reporting body or another credit provider for the purpose of directly marketing our goods or services to you.

However, we may use other personal information that we collect about you other than from your credit report (for example, if we collected the information directly from you) to directly market our goods and/or services to you in accordance with the terms of our privacy policy, regardless of whether that information is also recorded in your credit report.

ACCESS TO AND CORRECTION OF YOUR INFORMATION

As a credit provider, as required by law, we will provide you with access to the credit-related personal information we hold about you and the opportunity to correct such information in accordance with our policy that applies to personal information as set out above.

Where you submit a request to access the information we hold about you, we will usually provide you with access within 30 days of a request but in some circumstances, it may take longer.

Please note that we are, in some circumstances, permitted by the Privacy Act 1988 (Cth) to deny you access to some or all of your credit eligibility information. Where we deny you access, we will provide you with reasons for such denial (where it is reasonable for us to do so) in writing. If you are not satisfied with our response, you may submit a complaint to the Privacy Commissioner.

We do not charge you for making an access request but we reserve the right to charge an administration fee for providing access in accordance with your request, in accordance with the Privacy Act 1988 (Cth).

You may access our policy concerning the management of credit-related personal information by accessing our website from time to time; alternatively, you can contact our Privacy Officer (details set out below) to request a hard copy of our policy.

If you believe that any information we hold about you is inaccurate, out-of-date, incomplete, irrelevant or misleading you have a statutory right to request that we correct such information. You can make a correction request by contacting us at the details below.

We will endeavour to resolve correction requests within 30 days of your making a request. If we need more time to resolve your request, we will notify you as to the delay, the reasons for it and seek your written agreement to a longer period.

If we consider it necessary in order to deal with your request, we may consult with a credit reporting body or another credit provider.

You will not incur any cost in making a correction request or for the correction of your information.

COMPLAINTS

If you believe that we have not complied with our obligations under the Privacy Act 1988 (Cth) then you have the right to make a complaint. You must specify the nature of the complaint. A complaint can be submitted to us at the details below.

Once we have received the complaint, we will investigate the complaint fully and we aim to resolve the complaint as quickly as possible (generally within 30 days of our receipt of your complaint).

If we cannot resolve your complaint within 30 days then we will notify you in writing as to the reasons why, specify a date as to when we expect to resolve your complaint and seek your agreement to extend this 30-day period.

Please note that if we consider it necessary or appropriate to consult with a credit reporting body or another credit provider to deal with your complaint, then we reserve the right to do so. If, while the complaint remains unresolved, we disclose information subject to the complaint to a third party, we may advise the third party about the complaint.

Depending on the nature of the complaint, sometimes we may be required to notify a credit reporting body or credit provider of the making of the complaint and our decision.

If you are not satisfied with the manner we handled your complaint or the manner in which we resolved your complaint, you may submit a complaint to the Privacy Commissioner.

CONTACT DETAILS

Our Privacy Officer may be contacted as follows:

privacyofficer@thermomix.com.au

1800 004 838

STATEMENT OF NOTIFIABLE MATTERS UNDER THE CREDIT REPORTING PRIVACY CODE

Under the Credit Reporting Privacy Code, there are several ‘notifiable matters’ that we are required to disclose to you at or before the time of collecting personal information that is likely to be disclosed to a credit reporting body. These matters are:

• the credit reporting body may include the credit information we provide to it in reports, which it then provides to other credit providers to assist those other credit providers to assess your creditworthiness;
• if you commit a serious credit infringement, we may disclose this to a credit reporting body;
• you can request a copy of our Credit Reporting Policy by contacting us, or obtain it directly from our website;
• you can request a copy of the privacy policy of Veda Advantage, Creditor Watch, Credit Works Australia, SAI Global Property Division Pty Ltd. and ASIC from their websites (www.veda.com.au, www.creditorwatch.com.au, www.creditworks.com.au, www.saiglobal.com/property/ and www.asic.gov.au), or by contacting them directly;
• you have the right to access credit information we hold about you, request that we correct the information, and make a complaint as set out in the Credit Reporting Policy;
• you can request a credit reporting body not to use your credit reporting information for the purposes of pre-screening of direct marketing by us; and
• you can request a credit reporting body not to use or disclose your credit reporting information if you believe on reasonable grounds that you have been, or are likely to be, the victim of fraud.