Privacy Policy

Your privacy

Shoporific Trading Pty Ltd trading as Flexi Africa (ABN 25 637 875 300) (‘Flexi Africa’) is committed to protecting your personal information. This Privacy Policy sets out the details relating to your data relationship with Flexi Africa and applies to services and interactions with Flexi Africa. A copy of this policy is available on the Flexi Africa website at Flexi Africa.com.au or you can request a copy by contacting our Customer Service team.

Financial Services, including our credit cards, has a separate Privacy Policy which you can find here. Flexi Africa Team Members and job applicants can contact our HR team for details about the privacy of their personal informationand review the applicable Privacy Notice on our careers page when you apply for a job. This policy does not apply to the personal information of our Team Members in their capacity as a Team Member, or if you are an investor.

This Privacy Policy applies to products and services offered by us, and by using our services you agree and consent to the collection, use and disclosure of your information in connection with providing you with our services.

What we collect and how we collect it

The personal information we collect about you depends on the dealings you have with us. Personal Information includes information about an individual who is reasonably identifiable. You generally have the option of interacting with us anonymously or using a pseudonym, however, in some instances this may prevent us from being able to provide you with products and services, for an example where you place an order for products online.

The types of personal information we collect and use information depending on your interaction and transactions with us, including

General: What we collect

• Contact name, address, date of birth, age, email addresses, other details, credit card information and other payment information including but not limited to PayPal.
• Payment and transaction information including type, bank and credit card details etc
• Delivery address or collection details
• Your location details through your smartphone or device
• Certain departments may request sensitive information such as skin type in cosmetics or size details in intimate apparel, in order to provide you with products or services
• Video footage through closed-circuit television (CCTV) website and technical information ie browser, websites visited, IP address, user and system preferences, device type etc
• transaction, product, services and activity details of purchases, preferences and interactions
• Details of your communications and interactions with us and our loyalty programs with FLEXI AFRICA

General: How we collect

• when you attend a Flexi Africa store or when you use or visit the Flexi Africa website and related websites, social media platforms or App
• Flexi Africa ‘s online stores, social media platforms
• make a purchase or place an order
• Setup a Flexi Africa Online account
• transact including making a non‐cash payment, or request a service where we collect Personal Information
• Leave products for assessment or repair
• attend a Flexi Africa function or event
• enter a competition or complete a survey
• send us an enquiry or provide us with feedback
• participate in a promotion, competition, or survey
• you are involved in an incident
• when you join a mailing list
• post a review, rating or comment on our website or social media page or other user-generated content on one of our websites or Apps

Loyalty: What we collect

• Membership details including your name, contact details, date of birth, gender, country and any other information you provide as part of your application or registration
• Transaction details including what you purchased, payment information, where you shopped and your product preferences
• Your location details through our website, or your smartphone or device
• Name and email address

Loyalty: How we collect

• when you join or use the FLEXI AFRICA or Flexi Africa.com.au
• when you shop with a FLEXI AFRICA Partner, Affiliate or seller
• when you use or visit the FLEXI AFRICA website
• We may monitor and record your communications with us for security, dispute resolution, and training purposes and operate video and audio surveillance devices in our premises.

1.1 Collection of personal information by third parties

• We may also collect personal information from third parties including public sources, information service providers, providers who administer products and services and anyone authorised to act on your behalf.

Certain brands, businesses and third parties that operate with Flexi Africa online own the personal information you provide to them (eg when you join their mailing list or recording your product preferences), and therefore have their own privacy policy which we encourage you to read before providing your personal information. Flexi Africa is not responsible for the privacy practices of these third parties and this Policy does not apply to them. Certain third parties conducting health-related services (eg breast screening, weight loss services, or optometry services) may collect sensitive information.

You can help us keep your information up to date, by letting us know about changes to your details or by updating your account details by signing in.

1.2 Use of Cookies

Information is automatically collected through your use of the Flexi Africa, The Flexi Africa Market and FLEXI AFRICA websites, Affiliates’ websites and Apps, electronic communications, through cookies. Cookies are small text files that websites or apps may place on your computer or device. Generally, cookies are used to recognise repeat users of websites and remember user preferences. We may collect this information both anonymously and in relation to user accounts. Cookies are also used to allow the website to gain statistical information about your usage behaviour and aggregate data to allow Flexi Africa to customise a user’s experience on their websites. The information is used and disclosed by Flexi Africa for purposes including statistical analysis and to assist Flexi Africa to improve the functionality and usability of the website and our Apps.

Similarly, when you use Apps from Flexi Africa, we may periodically collect and use technical data and related information (including technical information about your mobile device and system preferences), to facilitate the provision of software updates, software support and other services related to the Apps. Flexi Africa may also make use of third parties who use cookies to serve ads to you based on your past visits and use of our website. This allows us to notify you of products or offers which we think you might be of interest to you. You can switch off cookies by adjusting the settings on your web browser.

Why we collect personal information

We collect your personal information to provide, administer, improve and personalise our products and services, and to support our business functions, including:

• to provide you with products and services
• to improve our service operations to enhance your customer experience
• to manage and work with our service providers to fulfil your request for products and services such as processing transactions and payments, delivering products and services, providing refunds and discounts to register and service your account, including your online account and FLEXI AFRICA account and keeping your information up‐to‐date, and verifying your identity.
• promoting and communicating Flexi Africa products and services through direct marketing, events and competitions, public relations and social media. Flexi Africa may also make use of third parties who use cookies to serve ads to you based on your past visits and use of our website. This allows us to notify you of products or offers which we think might be of interest to you
• to communicate with you and perform research and statistical analysis, such as customer satisfaction and product and service improvement purposes, tailor products and promotional offers to you, usage behaviour and user experience for online and digital platforms to improve functionality and usability. This may include matching information we collect against other information held by third parties, partners and sellers that you have consented to share your information with (We may also use and disclose de-identified data for these purposes)
• to conduct investigative, fraud and loss prevention activities to protect Flexi Africa’s interests including protection of our stores, staff, customers, suppliers and merchandise (including theft and fraud prevention)
• to respond to your query, feedback or concerns
• responding to and interacting with regulatory bodies and relevant government agencies
• general planning and administration, and as other required or permitted by law

We may also collect, hold, use and disclose personal information for other purposes explained at the time of collection or which are required or authorised by or under law, and for which you have provided consent.

Direct marketing, tech advertising and opting out

By providing your address, email address and contact number to Flexi Africa or its related parties and partners, you consent to Flexi Africa contacting you for the purposes set out above. We may send this information in a variety of ways, including by mail, email, social media, SMS, MMS, telephone and via Flexi Africa Apps. You may prefer to provide to us your personal email address or mobile number rather than, for example, an email address accessible by your work colleagues.

If we send you direct marketing or send you electronic marketing messages based on your consent or as otherwise permitted by applicable law, you may, at any time, withdraw your consent or opt-out by contacting us at privacy@Flexi Africa.com

FLEXI AFRICA Clients, Customers and Members may contact the FLEXI AFRICA by email at privacy@Flexi Africa.com. If you opt-out of being sent hardcopy correspondence from FLEXI AFRICA, we will not be able to provide you with some of the main benefits of the FLEXI AFRICA ONLINE PLATFORM. You may wish to consider receiving digital Rewards using the FLEXI AFRICA online website using the unsubscribe facility that we include in our electronic messages (eg email, SMS or MMS) to opt-out of receiving those messages

Adjust the permissions and notifications on your smartphone or device to stop notifications and to opt-out from allowing Flexi Africa’s mobile applications to access your device’s camera, microphone or location information contacting our Privacy Officer by email at privacy@Flexi Africa.com, or by writing to the Privacy Officer, Flexi Africa Pty Ltd privacy@Flexi Africa.com

Sharing your personal information

We work with a number of suppliers that provide us with services to fulfil your request or carry out specific functions on our behalf, including:

• Third-Party Merchants, third party online websites and online businesses, contracted or third-party service providers or contractors to provide you with products or services requested by you or may be of interest to you, to process your payment, to communicate offers and promotions to you, and for product development and product, service and market research
• technology services including application and systems, cloud computing facilities, development and technical support, processing, storing, hosting, research and to analyse data
• retail brands, suppliers and sellers who provide products and services within our online platforms
• business advisors, including lawyers, accountants, insurance, recruitment advisors and agencies, auditors or other professional service providers to the extent reasonably required
• regulatory, investigative or government bodies to comply with applicable laws or respond to valid legal processes such as a search warrant, a court order or a subpoena and fraud management
• Some of our trusted service providers such as technology or data storage providers may be located outside of Australia including Japan, Singapore, India, Hong Kong, the Philippines, the United States of America and other countries or jurisdictions depending on the nature of the services those recipients provide to Flexi Africa.

Protection of personal information

Personal information we hold can be in electronic or hard copy form, both onsite at a Flexi Africa premises or with our trusted service provider. Any trusted service provider must observe and meet our information security requirements to minimise the risk of unauthorised access to, and loss, misuse or unapproved alteration of, personal information. In addition we have a number of security controls in place and use a range of resources, process and technology controls to protect your personal information. For an example all Team Members are required and bound by internal information security policies including limiting and controlling access to systems that hold personal information.

While we endeavour to protect the personal information of users of our website, we cannot guarantee the security of information you disclose online. You disclose that information at your own risk. You should be aware that no method of transmission over the Internet or method of electronic storage is 100% secure. You can also help protect your personal information by keeping your account details confidential, access is limited and encourages you to use a unique and strong password, limit access to your computer and log out after use. If you become aware of unauthorised access, please let us know as soon as practicable.

5.1 Third-party sites

We may display advertisements from third parties and other content that links to third-party websites. Links to third-party sites that are not operated or controlled by Flexi Africa are provided for your convenience. If you click on a third-party advertisement or link, you are leaving Flexi Africa and any personal information you provide will not be covered by this Policy and Flexi Africa is not responsible for the privacy or security practices of those sites. Third-party websites should have their own privacy and security policies, which we encourage you to read before supplying any personal information to them.

Access and Correction

6.1 Access

If you would access to the personal information we hold about you, please contact our Privacy Officer. We will generally provide you with access to your personal information subject to some exceptions permitted by law. When making an access request, please provide as much detail as you can about the particular information you seek, in order to help us retrieve the information. We may ask you to verify your identity before proceeding with any request you make, this includes providing us satisfactory proof of identity as determined by us. If you have authorised a third party to submit a request on your behalf, we will ask them to prove they have your permission to act or will contact you directly to seek your permission.

We may charge a reasonable fee to cover our reasonable costs of locating the information and providing it to you.

6.2 Correction

If you ask us to correct personal information that we hold about you, or if we are satisfied that the personal information we hold is inaccurate, out of date, incomplete, irrelevant or misleading, we will take reasonable steps to correct that information to ensure that, having regard to the purpose for which it is held, the information is accurate, up-to-date, complete, relevant and not misleading. If we correct personal information about you, and we have previously disclosed that information to another agency or organisation that is subject to the Privacy Act, you may ask us to notify that other entity. If so, we will take reasonable steps to do so, unless this would be impracticable or unlawful.

You should ensure that all personal information submitted to us is complete, accurate, true and correct. Failure on your part to do so may result in our inability to provide you with the products and services you have requested. A record of the changes made to your personal information may be noted in your account or filing. You acknowledge that there may be circumstances where Flexi Africa is entitled to assume such accuracy and completeness and reserves the right to not correct personal information, where permitted under relevant laws.

Complaints or Questions

If you would like further information about how we manage your personal information, or if you have any queries relating to our Privacy Policy, or wish to lodge a complaint in relation to an alleged breach of the Privacy Act, please contact our Privacy Officer by:

Email: privacy@Flexi Africa.com

We may ask you to submit your complaint in writing. We may discuss and share your complaint with our staff and our service providers and others as required and appropriate.

All complaints received by the Privacy Officer will be dealt with fairly and in a timely manner considering all the circumstances of the complaint. In most cases, we expect that complaints will be investigated and a response generally provided within 30 days of receipt of the complaint. If the matter is more complex and our investigation may take longer, we will contact you and advise you of this.

Updates to this Policy

Flexi Africa may amend this Privacy Policy from time to time without notice. You should check this page regularly to take notice of any changes. The current version will be posted on our website and a copy may be obtained by contacting our Customer Service team.

General

This Privacy Policy and your use of Flexi Africa’s services including the website is governed in all respects by the laws of Victoria, Australia and you agree to submit to the exclusive jurisdiction of the courts of Australia. Certain privacy laws in other countries provide you with certain rights in relation to your personal information that may not be covered under the Australian Privacy Principles. These include the right to erasure, rights to data portability and right to object. If you would like to exercise these rights and you reside in those countries you can do so by contacting our Privacy Officer by email at privacy@Flexi Africa.com, who will assess your request.

For information about privacy generally, you may visit the Office of the Australian Information Commissioner’s website at www.oaic.gov.au.

Replacements and refunds

You can ask for a replacement or refund if the problem with the product is major.

Replaced products must be of an identical type to the product originally supplied. Refunds should be the same amount you have already paid, provided in the same form as your original payment.

We may take into account how much time has passed since you bought the product considering the following factors:

• type of product
• how a consumer is likely to use the product
• the length of time for which it is reasonable for the product to be used
• the amount of use it could reasonably be expected to tolerate before the failure becomes noticeable.

For a major problem with services, you can cancel the contract and obtain a refund or seek compensation for the drop in the value of your services provided compared to the price paid.

What is a major problem?

A product or good has a major problem when:

• it has a problem that would have stopped someone from buying it if they’d known about it
• it is significantly different from the sample or description
• it is substantially unfit for its common purpose and can’t easily be fixed within a reasonable time
• it doesn’t do what you asked for and can’t easily be fixed within a reasonable time; or
• it is unsafe.
• A service has a major problem when:
• it has a problem that would have stopped someone from buying it if they’d known about it
• it is substantially unfit for its common purpose and can’t easily be fixed within a reasonable time
• it does not meet the specific purpose you asked for and cannot easily be fixed within a reasonable time
• it creates an unsafe situation.

Returning the product

If an item is deemed defective or faulty, then the item must be returned to our nominated address within 14 days after being notified of the fault or defect.

Flexi Africa has the absolute discretion in deciding whether an item is defective, faulty or not fit for its purpose. As such, Flexi Africa may require any evidence whatsoever in order to investigate your claim.

You are entitled to return a product if you believe that there is a problem. You are generally responsible for returning the product if it can be posted or easily returned. You are entitled to recover reasonable postage or transportation costs from we if the product is confirmed to have a problem, so keep your receipts.

When a product is too large, too heavy or too difficult to remove, then we are responsible for paying the shipping costs or collecting the product within a reasonable time of being notified of the problem. Examples include:

• a widescreen TV
• a bed
• an extension ladder stuck in the extended position
• a product that has been subsequently installed, like a stove or a dishwasher.

You do not have to return products in the original packaging in order to get a refund.

If the product is found not to have a problem, you may be required to pay the transport or inspection costs. An estimate of these costs may be provided to you before the product is collected.

Consumer Guarantees

As a consumer, you are entitled to certain guarantees in respect of goods and services purchased from Flexi Africa. These guarantees are called Consumer Guarantees. The Australian Consumer Law, does recognise that the relevant time period may vary by product (or service) depending on the nature of the goods (or service), the price paid and any representations made about the goods (or service).

Privacy

Flexi Africa is committed to protecting your privacy. You may be asked to present and record photo identification so that we can record your name, identification type, identification number and expiry date and verify your signature. Acceptable identification must also include your full name with a future expiry date. For example, an Australian Driver’s Licence or Passport.

Please note, when returning merchandise totalling $1,000 or more and requesting a Tax Adjustment Note, your name, address and ABN (if applicable) will be required.

Information collected will be securely stored for a reasonable period of time. It may be used for fraud protection activities and for the purpose of Flexi Africa research and analysis. It may be disclosed to state and territory departments upon request, as required by law.

If you wish to access your information held by Flexi Africa in relation to returns, please contact the Flexi Africa Customer Representative on customercare@Flexi Africa.com.