Introduction
1.1 Thank you for visiting the https://www.whatscooking.net.au website (the "Website"). What’s Cooking Now Pty Ltd (ABN 95 126 054 859) and its related bodies ("What’s Cooking”, "we", "us" or "our") recognise the importance of protecting the privacy and the rights of individuals in relation to their personal information and are committed to protecting the privacy of personal information in accordance with Australian privacy laws.
1.2 This Privacy Policy sets outs our approach to handling personal information and includes information on how we collect, manage and keep secure your personal information.
1.3 We respect your rights to privacy under the Privacy Act 1988 (Cth) (Act) and we comply with all of the Act’s requirements in respect of the collection, management and disclosure of your personal information.
What is personal information?
2.1 When used in this Privacy Policy, the term "personal information” has the meaning given to it in the Act. In general terms, it is any information that can be used to personally identify you. This may include your name, address, telephone number, email address and profession or occupation.
2.2 If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.
Collection of personal information
3.1 We may collect and hold personal information about you that is reasonably necessary for, or directly related to, our business relationship with you.
3.2 The kinds of personal information we may collect from you will depend on what type of interaction you have with us This could include personal information that we collect when you purchase or enquire about a product whether online or in-store; enquire about an offer or promotion; participate in The Cook’s Club loyalty program; subscribe to our mailing list; make an inquiry in relation to franchising; or otherwise in the course of participating in any of our marketing or promotional activities. We may also collect personal information when we process in-store lay-by purchases and refunds.
3.3 Personal information about you may be collected:
3.3.1 directly from you when you provide it to us in person, via our website, by phone, letter, electronic form or in documents such as a credit applications.
3.3.2 from your transactions with us, such as payment history and account history; and
3.3.3 occasionally from third parties, such as referees listed on a franchisee application or credit reporting body.
3.4 The personal information collected from you may include:
3.4.1 your name, date of birth, email address, physical address, contact details, your customer reference number or loyalty card number; any rewards and redemption details applicable to your membership of our loyalty program;
3.4.2 information about your use of our products;
3.4.3 if you are applying to become a What’s Cooking franchisee, we will collect information as detailed in the section below entitled "Franchise Applications”; and
3.4.3 any additional information relating to you that you provide to us directly through your access and use of our Website or indirectly through use of our Websites or online presence, through our representatives or otherwise.
3.5 With the exception of when you apply to become a franchisee, we will not collect sensitive information about you (which includes information about your racial or ethnic groups or political or religious beliefs) unless you have specifically consented to such collection or the collection is required by law.
3.6 You are not obliged to provide us with your personal information, however, a failure to do so may mean that we may not be able to provide the requested products to you or we may not be able to provide information about products that you may want including information about special promotions.
Cookies
4.1 In some cases we may also collect your personal information through the use of cookies. We, our third party service providers and our partners may send "cookies" to your computer or use similar technologies to enhance your online experience at our Website. "Cookies" are files that can identify you as a unique customer and store your personal preferences as product preferences to tells us which site pages you have visited and in what order. This enables us to recognise your computer and greet you each time you visit our Website. We use cookies and other technical information to personalise your visit to our Website, to analyse traffic on our Website and for technical reasons connected with your use of our site. Cookies can either be permanent (i.e. they remain on your computer until you delete them) or temporary (i.e. they last only until you close your browser). If you do not wish to receive cookies, you can set your browser so that your computer does not accept them. However, please note that certain areas of our Website can only be accessed in conjunction with cookies or similar devices.
4.2 On their own, cookies do not contain or reveal any personal information. However, if you choose to provide us with personal information, it can be linked to the anonymous data stored in the cookies.
For what purposes do we collect, hold, use and disclose your personal information?
We collect personal information about you so that we can perform our business activities and functions and provide the best possible quality of customer service. We collect, hold, use and disclose your personal information for the following purposes:
5.1 To process payments for products purchased both in-store and online and to send you products that you have ordered;
5.2 To administer lay-by purchases and process refunds;
5.3 To contact you if necessary (regarding your purchase or contact details provided);
5.4 To provide you with information about our current and future products, offers and promotional materials that may be of interest to you;
5.5 Providing information that you request about our franchises and processing and considering your franchise application (see Franchise Application section below); and
5.6 Facilitating our internal business operations, including fulfilment of any legal, security, and regulatory requirements. 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 other purposes as may be required or permitted by law.
To whom may we disclose your information?
We may disclose your personal information to:
6.1 Our related body corporates;
6.2 Our employees, contractors or agents for the purposes of operation of our business or our Website, and to otherwise provide products to you including, without limitation, web hosting providers, IT systems administrators, advertisers, payment processors, mailing houses and professional advisors such as accountants, legal advisors, and lawyers;
6.3 Suppliers and other third parties with whom we have commercial relationships, for business, marketing and related purposes;
6.4 Our franchisees if you have made an enquiry or complaint relating to a store that is owned and operated by one of our franchisees;
6.5 Third parties where the law requires or authorises us to do so;
6.6 Any organisation for any authorised purpose with your express consent;
We will take all reasonable steps to ensure that any third party organisations to which we disclose your personal information are bound by the Privacy Act, and we are unlikely to disclose your personal information to any overseas recipients.
Direct marketing materials
7.1 We may use your personal information to send you direct marketing communications and information about our products for the purposes of general marketing and promotional purposes. These communications may be sent in various forms, including mail, SMS, and email in accordance with applicable marketing laws.
7.2 You may opt out at any time if you no longer wish to receive marketing information. In order to do so, you will need to request that we no longer send marketing materials to you by emailing us at cooking@www.whatscooking.net.au.
7.3 If we obtain your prior consent, we may use your personal information for the purposes of direct marketing of products on behalf of selected third parties, provided you have agreed to your details being passed on to third parties.
Franchisee Applications
8.1 Where you apply to become a franchisee, the type of personal information that we may collect is your name, postal address, telephone number, email address, education details, residency status, employment history, financial capacity and other information relating to your qualifications and experience. We may also collect credit and financial information about you.
8.2 In considering your application, we may also obtain personal information about your from third parties, for example, from your previous employers or nominated referees. Subject to your consent, we may also collect sensitive information about you such as information about any criminal record you may have or credit history information about you from a credit reporting body.
8.3 We collect personal information for any one or more of the following purposes:
8.3.1 assessing your application to become a What’s Cooking franchisee;
8.3.2 assessing whether you are suitable to progress to each stage of the What’s Cooking franchise recruitment process;
8.3.3 storing your information for future franchise opportunities
If you do not provide us with the information we request, we will be unable to do one or more of the above.
8.4 We may disclose your information to:
8.4.1 referees or previous employers;
8.4.2 our related entities; and
8.4.3 law enforcement agencies to verify whether you have a criminal record.
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 can you access and correct your personal information?
9.1 You may request access to any personal information we hold about you at any time by emailing us at cooking@www.whatscooking.net.au. Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example by mailing or emailing it to you). We may charge a reasonable administration fee to cover the costs of meeting your request. We will not charge for simply making the request and will not charge for making any corrections to your personal information.
9.2 There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.
9.3 If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it.
9.4 To protect your privacy and security we will take reasonable steps to verify your identity before granting access.
What is the process for complaining about a breach of privacy?
10.1 If you believe that your privacy policy has been breached, please contact us at cooking@whatscooking.net.au and provide details of the incident so that we can investigate it.
10.2 We request that complaints about breaches of privacy be made in writing so that we can be sure about the details of the complaint. After we have completed our enquiries, we will contact you, usually in writing to advise the outcome and invite a response to our conclusions about the complaint. If we receive a response from you, we will assess it and advise if we have changed our view.
What is the process for complaining about a breach of privacy?
11.1 We may hold your information in either electronic or hard copy form. We take reasonable steps to ensure that your personal information is protected from misuse and loss and from unauthorised access, modification or disclosure. We only keep your personal information for as long as it is required for the purposes for which it was collected or as otherwise required by law. We will take appropriate measures to destroy or permanently de-identify your personal information if we no longer need to retain it.
11.2 As our Website is linked to the internet and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you will communicate to us online. We also cannot guarantee that the information you supply will not be intercepted while being transmitted over the internet. Accordingly, any personal information or other information which you transmit to us online is transmitted at your own risk.
Changes to this Privacy Policy
From time to time, we may revise this Privacy Policy. Any updated version of this privacy policy will be posted on our Website. Please review it regularly.
Contacting us
If you have any questions or comments about this Privacy Policy please use the contact link on our website or contact our Privacy Officer at sales@whatscooking.net.au
This privacy policy was last updated on 13/01/2016.
