Protecting your privacy and personal information is important to us. Cold Rock Management Pty Ltd ACN 078 334 326 and its related entities (including, but not limited to, Franchised Food Company Pty Ltd ACN 121 859 685, Pretzel World Pty Ltd ACN 113 450 230, Trampoline Enterprises Pty Ltd ACN 165 447 110, Nutshack Franchising Pty Ltd ACN 118 944 184, Mr Whippy Pty Ltd ACN 130 071 895 and Europa Franchising Pty Ltd ACN 166 225 716) (referred to as “we”, “us” or “our”) is subject to the APP.
This policy explains how we manage and protect the privacy of your Personal Information under the APP.
This policy explains the way we collect and handle your Personal Information in the the general course of our business and on our website/s. It includes information on how we collect, use, disclose, keep secure and provide you with access to your Personal Information, whether provided to us via our stores, head office, this website or other means.
“APP” means the Australian Privacy Principles under the Privacy Act 1988 (Cth).
“Personal Information” means any information (including Sensitive Information) or opinion, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained from the information or opinion. Examples of Personal Information would include your name, address, date of birth, gender, home address, email address, telephone number Personal Information We do not collect Sensitive Personal Information (subject to the sections below titled “Employment and Franchise Applications”).
“Sensitive Personal Information” means information we may collect about your individual preferences. Such as racial or ethnic origin; political opinions; membership of a political association; religious beliefs, affiliations or philosophical beliefs; membership of a professional or trade association or membership of a trade union; sexual preferences or practices; criminal records; health or disability or financial information. We do not collect Sensitive Personal Information (subject to the sections below titled “Employment and Franchise Applications”).
COLLECTION OF PERSONAL INFORMATION
We will only collect Personal Information from you that we reasonably require for one or more of our business functions or activities, and will do so in accordance with the APP.
The kinds of Personal Information we may collect from you will depend on what type of interaction you have with us. However, it may include, among other things:
- Personal Information you provide us when you participate in a promotion, competition, promotional activity, survey, market research or customer behavioural activity, subscribe to our mailing list or interact or follow our social media pages including Facebook, Twitter and Instagram. This information may include, for example, your name, postal address, email address, telephone number, date of birth, age and occupation;
- Personal Information you provide us via our stores or head office or when you place an order in store, by telephone or via our mobile or electronic ordering system or when you subscribe to our loyalty programme or competition or promotion. This information may include, for example, your name, postal address, email address, telephone number, date of birth, age, menu preferences and previous order information, IP address and credit card details;
- If you are applying for a position with us, we will collect information as outlined in the section below titled “Employment Applications”;
- If you are applying to become a franchisee, we will collect information as outlined in the section below titled “Franchise Applications”;
- As you navigate through our website and access our mobile applications, certain information can be passively collected (i.e. gathered without you actively providing the information) using various technologies such as cookies, internet tags or web beacons, and navigational data collection (log files, server logs and clickstream data). For example, we may collect information about matters including but not limited to the date, time and duration of visits and which pages of our website are most commonly accessed. This information is generally not linked to the identity of visitors, except where a website or mobile application is accessed via links in an email we have sent or where we are able to uniquely identify the device or user accessing our website or mobile application; and
- We may combine your anonymous or personal visitor session information or other information collected through tracking technologies with other Personal Information collected from you from time to time in order to understand and measure your online experiences and to determine what products, promotions and services are likely to be of interest to you. By accessing a website or mobile application via links in an email we have sent and/or by accessing a website or mobile application where you have identified yourself, you consent to the collection of such information where it is Personal Information.
In some circumstances, we may collect Personal Information from third parties such as credit reporting agencies or marketing agencies. Where we do, we will ensure that we act in accordance with relevant Australian laws.
With the exception of when you apply for an employment position or to become a franchisee, we will not collect Sensitive Personal Information about you unless you have consented to such collection or the collection is required by law.
EMPLOYMENT & FRANCHISE APPLICATIONS
If you apply for a job at us or any of our franchised stores or any of our franchisees or you or you wish to apply to become a franchisee you will need to provide us with your Personal Information as well as a resume (or job application) if applicable and other information included on the franchise application form.
By providing us with this information, you consent to our use of this to assess your suitability.
Generally the type of Personal Information we collect about applicants is; your name, postal address, telephone number, email address, education details, employment history, financial capacity (if applicable) and other information relating to your qualifications and experience.
In considering your application, we may also obtain Personal Information about you from third parties, for example, from your previous employers or nominated referees. Subject to your consent, we may also collect Sensitive Personal Information about you such as information about your health (including any disability) or any criminal record you may have.
We collect Personal Information for any one or more of the following purposes:
- assessing your application;
- assessing whether you are suitable to progress to each stage of the relevant process; and
- storing your information for future opportunities.
If you do not provide us with the information we request, we will be unable to do one or more of the above.
We may disclose your information to:
- referees or previous employers;
- recruitment agencies or agencies or contractors acting on our behalf;
- our related entities;
- law enforcement agencies to verify whether you have a criminal record;
- educational organisations to the extent necessary to verify your qualifications, or
- any professional or trade association to verify your association.
If we engage third party contractors to perform services for us which involves handling Personal Information, we will take reasonable steps to prevent the contractor from using the Personal Information except for the purpose for which it was supplied.
HOW WE STORE YOUR PERSONAL INFORMATION
Where we store your Personal Information depends on what interaction you have had with us. However, some areas may include:
- Databases for processing customer enquiries or feedback; or
- Email or SMS databases for marketing communications.
We take reasonable steps to protect your Personal Information from loss and unauthorised access. Unfortunately no data transmission over the Internet is guaranteed to be completely secure. Accordingly, although we strive to protect such information, we do not warrant the security of any information you transmit to us or from our online services and you use these services at your own risk.
If a substantial data breach has or may have occurred (for example, your Personal Information was shared with unauthorised persons) we will notify you as soon as is practicable and the Office of the Australian Information Commissioner about that actual breach.
We only keep your Personal Information for as long as it is required for the purpose for which it was collected or as otherwise required by law. We will take appropriate measures to destroy or permanently de-identity your Personal Information if we no longer need to retain it. These measures may vary depending on the type of information concerned, the way it was collected and how it was stored.
HOW YOUR PERSONAL INFORMATION WILL BE USED
We collect your Personal Information so that we can use it for our activities and provide products and services to you, which include, among other things:
- to maintain and develop our relationship with you;
- processing orders you place with us in our stores or via our electronic or mobile ordering systems, providing you with email or SMS confirmation of your orders, providing you with our products and processing payments and refunds where applicable;
- administering and responding to your enquiry or feedback about our products;
- conducting, and allowing you to participate in, a promotion, competition, promotional activity, survey or market research;
- promoting and marketing current and future products and services to you, informing you of upcoming events and special promotions and offers and analysing our products and services so as to improve and develop new products and services;
- facilitating our internal business operations, including fulfilment of any legal and regulatory requirements;
- improving the operation or navigation of our websites;
- processing and considering your employment application and conducting reference checks (refer to Employment Application section above); and
- providing information that you request about our franchises and processing and considering your franchise application and conducting record checks (refer to Franchise Application section above).
We may also use your Personal Information for other purposes not listed above which will be made clear to you at the time we collect your Personal Information, or for such purposes as may be required or permitted by law.
If we use or disclose your Personal Information for the purposes of direct marketing, you may request not to receive direct marketing communications from us. We will stop sending direct marketing communications to you within a reasonable period after your request is made (usually within 5 business days from receiving your request).
DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES
We may disclose Personal Information we collect from you:
- to our related entities, suppliers, consultants, contractors or agents for the purposes set out in the section above or for other purposes directly related to the purpose for which the Personal Information is collected;
- to relevant federal, state and territory authorities for the purpose of investigating a food safety or health issue;
- to franchisees if you have made an enquiry or complaint relating to a store that is owned and operated by one of our franchisees;
- where the law requires or authorises us to do so;
- to others that you have been informed of at the time any Personal Information is collected from you; and
- with your consent (express or implied) to others.
ACCESS TO PERSONAL INFORMATION AND CORRECTION
You can request access to Personal Information we hold about you by communicating with us either via email or in writing. We will, unless there is an exemption which applies under the APP which affect your right to provide you with such information provide you with this.
To ensure the integrity and security of your Personal Information, we will only disclose such Personal Information if our internal procedures are satisfied. To make a request to access Personal Information we hold about you, please contact us in writing. We will require you to verify your identity and to specify what information you require. We may charge a fee to cover the cost of verifying the application and locating, retrieving, reviewing and copying any material requested. If the information sought is extensive, we will advise the likely cost in advance and can help to refine your request if required.
TRANSFERRING YOUR PERSONAL INFORMATION OVERSEAS
We do not transfer any Personal Information overseas. We may store Personal Information on a customer relationship database provided by a third party whose database server may be located (or can be accessed) overseas. By providing your Personal Information, you consent to this overseas transfer of your personal information, and you accept that the privacy laws of the jurisdictions in which such database may be accessed may not be as stringent as the Australian’s.
ACCURACY OF YOUR PERSONAL INFORMATION
We aim to ensure that any information we obtain from you is accurate. Please contact us immediately if you find that the Personal Information that we hold about you is inaccurate, incomplete or out of date. We will take reasonable steps to ensure your Personal Information is corrected.
Technology and information governance practices are constantly evolving. We may need to revise this policy in future and you should review this page regularly so as to ensure that you are aware of any changes from time to time.
Although we are committed to ensuring that at all times there is strict adherence to the APP. In the event that you are dissatisfied in any way with the collection, use, storage and/or disclosure of your Personal Information or believe that there has been a breach of the APP, we invite you to contact us as soon as possible by e-mail at firstname.lastname@example.org.
All complaints are to be made in writing to us and we are then allowed a reasonable time (within 30 days) to respond to written complaints. We may ask you to participate in a dispute resolution scheme (such as mediation) in order to resolve your complaint.
You can contact the Privacy Officer by communicating with the “Managing Director, Cold Rock Management Pty Ltd, 39 Clunies Ross Crescent, Mulgrave, Victoria, 3170″ or email at email@example.com.
If you are not satisfied with the manner in which we deal with your complaint, you may refer it to the Office of the Australian Information Commissioner (“OAIC“). You can contact OAIC by: