Basic Privacy Policy

This privacy policy describes how Kobayashi Healthcare Australia Pty Ltd (ABN 90 162 966 127) (“we ”, “our ” or “us ”) collects and processes personal information about you, how we protect this information, and your rights in relation to this information. We are bound by the Privacy Act 1988 (Cth) (the Privacy Act), including the Australian Privacy Principles.

This privacy policy applies to all personal information we collect or process about you. Personal information includes information or an opinion about an individual that is reasonably identifiable. For example, this may include your name, age, gender, address and contact details.

1. Personal Information we collect

General

We collect personal information from you directly (e.g. when you contact us about a product), and may generate information about you in the course of our relationship with you (e.g. when you purchase a product or respond to an offer).

The categories of personal information that we collect directly from you include:

• your personal details (e.g. name, gender or date of birth);
• contact details (e.g. phone number, email address or postal address)
• details about purchases you have made (e.g. when you make purchases or respond to offers); and
• any other information you provide to us.

If you contact us about a personal injury claim, we may also collect your health information. We will only do so with your consent. Otherwise, we generally do not collect sensitive information about you.

Where you have filled out a survey about one of our products, we may collect your personal information from a third party where you have agreed to be contacted by us about the survey.

Service providers

If you are an employee of one of our service providers or business partners, or a third party engaged by a service provider or business partner, we may also collect other information about your employment from you including your job title, place of work, payment details, and delivery addresses.

Job applicants and employees

In addition, when you apply for a job or position with us we may collect certain information from you (including your name, contact details, working history, and relevant records checks) or from any recruitment consultant, your previous employers and others who may be able to provide information to us to assist in our decision on whether or not to make you an offer of employment or engage you under a contract.

The Privacy Act contains certain exemptions in relation to certain acts undertaken in relation to employee records and related bodies corporate. Where appropriate we make use of relevant exemptions in the Privacy Act.

2. How we use your personal information and the basis on which we use it

We may use your personal information for the following purposes:

• Responding to communications: If you contact us, we will use your personal information to respond to any communications and resolve any complaints you have. This is to meet our legitimate interests in providing the best service we can to the users of our products.
• Managing orders: If you order our products as a seller, we will use your personal information to process your order and to invoice you. This is to meet our legitimate interests in fulfilling our orders, and to meet our customers' expectations of our service.
• Improving our products and services: If you contact us about our products or our service, or complete a survey about our products or service, we may use your personal information to make suggestions about improvements to our products. It is in our legitimate interests to provide the best products possible to all our customers.
• Managing our business: We may use your personal information to keep our records of our customers and our sales accurate and up to date, and to ensure that we meet any legal obligations to which we are subject. Where not necessary to comply with any such legal obligations, we do this to meet our legitimate interests in running our business most effectively.
• Exercising our rights: We may use your personal information to exercise our legal rights where it is necessary to do so, for example to detect breaches of the law or of our policies.
• Complying with our obligations: We may process your personal information to comply with other legal or regulatory requirements, where this is explicitly required by law.
• Marketing: We may also use your personal information to market our products to you. You can opt-out of such marketing by contacting us using the contact details set out in section 9 below or following the opt-out instructions in the relevant marketing communication.

3.  How and when we share your personal information

We may share your personal information with third parties under the circumstances including but not limited to the following:

• Service providers and business partners: We may share your personal information with our service providers and business partners that perform business operations for us for the purposes outlined above. For example, we may partner with companies to process payments, fulfill orders, and manage deliveries.
• Group companies: Kobayashi Healthcare Australia Pty Ltd is owned by Kobayashi Pharmaceutical Co., Ltd in Japan, and we work closely with our parent company and other companies in the Kobayashi Group. We may share your personal information with members of the Kobayashi Group (a full list is available here), which may process that personal information for the purposes set out above.
• Where required by law: We may share your personal information with law enforcement agencies, courts, other government authorities or other third parties where we believe necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights or the rights of any third party.
• In the context of a transaction: We may share your personal information with potential transaction partners, service providers, advisors, and other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell or transfer all or a portion of our assets or business. Should such a sale or transfer occur, we will use reasonable efforts to obligate the entity to which we transfer your personal information to use it in a manner that is consistent with this privacy policy.
• Marketing: We may share your personal information with third parties who provide marketing services to us, such as marketing research companies or advertising agencies.

4. Information storage

We retain your personal information for as long as we have a relationship, or ongoing contact, with you. When we determine how long to keep your personal information after our relationship with you has ended, we take into account our legal rights and obligations. In particular, we may retain records to investigate, commence or defend potential legal claims.

We may hold your personal information in either electronic or hard copy form. We take reasonable steps to protect your personal information from misuse, interference and loss, as well as from unauthorised access, modification or disclosure. We use a number of physical, administrative, personnel and technical measures to protect your personal information. For example, we have in place physical and technical access controls and employ the latest virus protection. However, we cannot guarantee the security of your personal information, and cannot guarantee that third parties take the same steps.

5. International data transfer

In limited circumstances, your personal information may be transferred to, stored, and/or processed in a country with laws that are not regarded as providing the same level of protection for personal information as the laws of Australia. We take reasonable steps to ensure that the recipient of your personal information protects that personal information.

Personal injury claim

If you have made a personal injury claim, your personal information may be disclosed to  members of  the Kobayashi Group (including the manufacturer of the product located in China) and  insurers located in Japan and China.

Job applicants

If you are a job applicant, your personal information may be disclosed to members of the Kobayashi Group located in Japan or Singapore.

Trading partners

If you are a trading partner, your personal information may be disclosed to a Kobayashi Group member located in Singapore.

General

Your information may be transferred to, stored, and/or processed by our third party IT service providers located in Japan and the USA.

6. Using our website and cookies

We use 'cookies' or other similar tracking technologies on our website that help us track your website usage and remember your preferences. Cookies are small files that store information on your computer, TV, mobile phone or other device. They enable the entity that put the cookie on your device to recognize you across different websites, services, devices and/or browsing sessions. You can disable cookies through your internet browser but our websites may not work as intended for you if you do so.

We may also use cookies to enable us to collect data that may include personal information. For example, where a cookie is linked to your account, it will be considered personal information under the Privacy Act. We will handle any personal information collected by cookies in the same way that we handle all other personal information as described in this Privacy Policy.

7. Accessing or correcting your personal information

You can access the personal information we hold about you by contacting us using the details below in section 9. Sometimes, we may not be able to provide you with access to all of your personal information and, where this is the case, we will tell you why. We may also need to verify your identity when you request your personal information. Depending on the nature and complexity of your request, we may charge you a reasonable fee to provide you access to your personal information.

If you think that any personal information we hold about you is inaccurate, please contact us using the details below in section 9 and we will take reasonable steps to ensure that it is corrected.

8. Making a complaint

If you believe we have breached the Privacy Act, or you wish to make a complaint about the way we have handled your personal information, you can contact us using the details set out in section 9 below. Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you within a reasonable period of time.

We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take. You can also contact the Office of the Australian Information Commissioner using the following details:

Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001

Phone: 1300 363 992
Email: enquiries@oaic.gov.au
Online: oaic.gov.au/privacy/privacy-complaints

9. Contact us

If you have questions or concerns regarding the way in which your personal information has been used, please contact our Customer servive using the following details:

Phone: +61 3 9909 1001

Email:  info.au@kobayashi.com

10. Changes to the policy

We may modify or update this privacy policy from time to time. If we make any revisions that materially change the ways in which we process your personal information, we will notify you of these changes before applying them to that personal information.

Effective: 1 August 2021