We understand and appreciate that you are concerned about privacy, particularly in relation to the use and disclosure of Personal Information. We are committed to providing a high level of privacy in relation to all Personal Information that is collected by us.
What is Personal Information?
Personal Information does not include an “employee record”. An “employee record” is a record of personal information relating to the employment of the employee. This includes health information and personal information relating to the:
What Personal Information do we collect from you?
The type of Personal Information collected by us may differ, depending on whether you are or would like to become a franchisee, customer, supplier, employee or independent contractor. Generally, the type of Personal Information collected by us includes your name, address, telephone numbers, facsimile number email addresses and credit card details. If relevant, we may ask for your date of birth.
From our franchisees, we also require company details including ABN and/or ACN, financial information including bank account and credit card details, profit and loss statements, balance sheets, weekly takings information, sales data and other business related information which may contain Personal Information.
From our employees and/or prospective employees, we collect several types of information, including, but not limited to, commencement dates, employment status, location, gender, bank account details, emergency contact details, qualifications, previous employment details, driver’s licence numbers, car registration numbers, medical and health information, passports, leave summaries, wages and salary information, date of birth, superannuation information, tax file numbers, where relevant visa and immigration information, information relating to performance and conduct.
From time to time, photos may be taken and used for marketing and promotional purposes which may include images of franchised businesses, franchisees, employees or employees of franchisees and/or customers, from which individuals may be able to be identified. As an employee, your photo may be used within Bakers Delight to identify you, including by being electronically attached to your email address.
Via Social Media Sites, we may be able to obtain other information about you which may itself constitute Personal Information or which, when combined with other information, is capable of identifying you, including photos, videos and any other information that you include on our Social Media Sites or sites linked to our Social Media Sites (“Other Sites”). The level of information to which we have access may depend on your privacy settings on such Other Sites.
In some circumstances, you may deal with us anonymously or using a pseudonym. However, in most circumstances it is impracticable to do so because if you do not provide us with the Personal Information that we require or if you provide it in a way that does not identify you, we are likely to be unable to carry out the services requested by you.
How do we collect your Personal Information?
We collect Personal Information in a number of ways, including:
Through our website we can obtain Personal Information if you send such information in an email or when you complete an online enquiry.
When you look at our website, we may make a record of your visit. The following information may be logged for statistical purposes and for the purposes of marketing and advertising to you:
Tracking technologies such as cookies may be used on our website to recognise a user’s browser each time that user visits our site and to track which pages the user visits whilst on our site and also to send Bakers Delight advertisements to your internet protocol address. Cookies are pieces of information that a website transfers to a computer’s hard disk for record keeping purposes. Most web browsers are set to accept tracking technologies such as cookies. These tracking technologies do not personally identify the user. If you do not wish to receive any cookies you may set your browser to refuse them. However, your use of our website may be affected.
How do we use your Personal Information?
We will use your Personal Information for purposes that relate to the operation of our business and the provision of our services to you.
These purposes generally include:
In relation to the Personal Information of franchisees, the purposes include those mentioned above and the following:
In relation to the Personal Information of customers, the purposes include the general purposes mentioned above and also include verifying, notifying and/or responding to you in relation to any enquiries, complaints, or if you win a competition and/or processing orders submitted by you via any online ordering and/or delivery service we make available and processing payments for orders placed via such online ordering and/or delivery service.
We use and disclose information we hold about you as an employee, of or incidental to our role as your employer and in accordance with applicable laws.
We may from time to time, communicate with you directly to promote our products or services. On each communication, we will advise how you may unsubscribe or opt out of receiving such communications. You may, at any time, request not to receive direct marketing communications from us and we will comply with that request.
How is your Personal Information disclosed by Bakers Delight?
Your Personal Information and your employees’ information may be disclosed to us as franchisor and to third parties as necessary to facilitate any of the above mentioned purposes.
We do not and will not rent, sell or otherwise disclose your Personal Information to any other company or organisation, without your prior consent, where that consent is required by law.
You do, however, consent to our use and disclosure of your Personal Information in the following ways:
If you are a franchisee, you also consent to BDH having access to information relating to your accounts with your suppliers, including but not limited to, copies of invoices and statements. This is to enable BDH to ensure you are complying with your franchise agreement.
Disclosure of your Personal Information via Social Media Sites
By engaging in any Social Media Activity on our Social Media Sites, you agree to and are subject to the terms and conditions of such Social Media Sites. Any Personal Information pinned or posted or uploaded by you onto Social Media Sites can be disclosed in accordance with the terms and conditions and privacy policies of such Social Media Sites.
Generally, photos and other material pinned or posted to Social Media Sites will be able to be viewed by the general public. Such photos and other material may be re-pinned and re-posted by others indefinitely and will be visible by anyone visiting the locations to which the photos or other material have been re-pinned. You may be able to remove the photos or other material that you have pinned or posted from the location at which you pinned or posted it. However, any material that has been re-pinned will be out of our control and neither you nor we will be able to remove it from any re-pinned location. We are not responsible for any material that has been re-pinned or re-posted.
We reserve the right to remove any photos, comments or other material that is in any way inappropriate or offensive (in our opinion) from our Social Media Sites.
Cross Border Disclosure
Some of your Personal Information may be disclosed overseas to New Zealand, Canada and/or United States of America to enable us to carry out our functions as parent company or related entity of Bakers Delight (NZ) Ltd, BD Canada Ltd and BD US Inc (“Bakers Delight Overseas Entities”). The Bakers Delight Overseas Entities are the companies through which we operate Bakers Delight in New Zealand and COBS BREAD in the United States of America and Canada.
In addition, some programs, software, online tools or Social Media Sites used by us and/or our third party service providers, are based in and/or housed overseas. The use of such programs by us or by our third party service providers may involve disclosure of your Personal Information to such organisations overseas. Use and disclosure of your Personal Information by such organisations is in accordance with the terms and conditions and privacy policies of such organisations.
See the table below showing the products we use (which may change from time to time) and links to their privacy policies.
|WIX.com Ltd||USA, Israel, Ireland, South Korea, Taiwan||https://www.wix.com/about/privacy|
|Task Software||Australia, USA and Poland||https://tasksoftware.com.au/privacy-policy|
|Ireland, USA and other countries||https://automattic.com/privacy/|
|Cheetah Digital||Australia, United States, the United Kingdom, France, Germany and Japan||https://www.cheetahdigital.com/services-privacy-policy|
|Campaign Monitor||Australia, USA and other countries||https://www.campaignmonitor.com/policies/#privacy-policy|
|Zoho||USA, China, India, Mexico, Singapore,UAE, Japan, The Netherlands,||https://www.zoho.com/privacy.html|
|Sprout Social||USA, Ireland and other countries where their group of companies and third party service providers operate.||https://sproutsocial.com/privacy-policy/|
|Smartsheet||USA and other countries where their group of companies and third party service providers operate||https://www.smartsheet.com/legal/privacy|
If you consent to disclosure of your Personal Information as described above, we are not required to take reasonable steps to ensure that such organisations do not breach the APPs in relation to the disclosed information, we will not be liable under the Act and you will not be able to seek redress under the Act. The overseas organisation may not be subject to any privacy obligations in their own country that are similar to the APPs, you may not be able to seek redress in the overseas jurisdiction and the overseas recipient could be subject to foreign laws that compel disclosure to third parties, such as overseas authorities. Having been informed of the possibility that such disclosures may occur, you consent to that disclosure by undertaking the type of activities specified above which indicate your consent.
We are committed to ensuring the security of your Personal Information and we will take all reasonable steps to protect this Information from misuse, interference, loss, unauthorised access, modification or disclosure, including:
Please note that our website does not provide systems for secure transmission of Personal Information across the internet, except where otherwise indicated. When emailing or providing Personal Information to us via our website, please be aware that there are risks involved in transmitting Personal Information via the internet. Our website may contain links to other websites. We have no control over the privacy practices employed at other websites and we accept no responsibility for Personal Information provided via unsecured websites.
We cannot provide a guarantee with respect to the security of your Personal Information and we will not be liable for any breach of security or unintended loss or disclosure of information due to the website being linked to the internet.
Orders submitted through our online ordering service must be paid for by credit card or debit card via a payment facility provided by a third-party payment gateway provider.
We do not collect or store your credit card or debit card details. By placing an online order with Bakers Delight, you are providing your credit card or debt card information to the third-party payment gateway provider and not to us. Whilst we have taken reasonable steps to ensure the third-party payment gateway provider will comply with privacy laws, Bakers Delight and its franchisees cannot provide a guarantee with respect to the security of your payment information. To the extent permitted by law, Bakers Delight and its franchisees are not liable to you for any loss, claim, cost, expense, damages or liability, including but not limited to loss of data, loss of profits, loss of goodwill or any other direct, indirect, special or consequential loss or damage, suffered or incurred by you or any other person as a result of or arising from any breach of security or unintended loss or disclosure of your payment information.
How to check or change your details
There is a Bakers Delight Privacy Officer at our national office.
If you wish to amend the Privacy Information because it is inaccurate, out of date, incomplete, irrelevant or misleading, or if you wish your Personal Information to be deleted, please contact our Privacy Officer. If we refuse to comply with your request, we will let you know why.
If you believe that we have not complied with our obligations pursuant to the Act, or have a complaint about the use or disclosure of your Personal Information by us or any of our franchisees, please contact our Privacy Officer or a member of our Human Resources department. We will discuss your concerns with you and take action as necessary to address such concerns which may include contacting us to take the matter further.
We will endeavour to resolve your complaint as soon as possible. However, the length of time will depend on the nature and complexity of the issues you have raised.
You will receive an acknowledgement of receipt of the complaint from us within five business days. We will give you an estimate of how long it may take us to deal with the matter but we will endeavour to finalise the matter within 30 days.
If we decide that your complaint is justified, we will then decide what action we should take in response. We will always try to match our response to the nature of your complaint and your desired outcome, but this may not always be possible.
Some of the things that we may decide to do include:
It will not always be possible to resolve a complaint to everyone’s satisfaction. In that case, you might want to escalate the matter to the Privacy Commissioner via an online privacy complaint form which can be found at: http://www.oaic.gov.au/privacy/making-a-privacy-complaint.
Privacy Officer Details
Bakers Delight Holdings Limited
Corporate Support Office
Level 1, 293 Camberwell Road, Camberwell Vic 3124
Privacy Officer: Group Manager of Human Resources
Telephone: +613 9811 6111