1.1Thank you for visiting the http://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.
1.3We 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.
2What is personal information?
2.2If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.
3Collection of personal information
3.1We may collect and hold personal information about you that is reasonably necessary for, or directly related to, our business relationship with you.
3.2The 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.
3.3Personal information about you may be collected:
3.3.1directly 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.
3.3.2from your transactions with us, such as payment history and account history; and
3.3.3occasionally from third parties, such as referees listed on a franchisee application or credit reporting body.
3.4The personal information collected from you may include:
3.4.1your 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;
3.4.2information about your use of our products;
3.4.3if you are applying to become a What’s Cooking franchisee, we will collect information as detailed in the section below entitled "Franchise Applications”; and
3.4.3any 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.
3.5With 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.
3.6You 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.
4.2On 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.
5For 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:
5.1To process payments for products purchased both in-store and online and to send you products that you have ordered;
5.2To administer lay-by purchases and process refunds;
5.3To contact you if necessary (regarding your purchase or contact details provided);
5.4To provide you with information about our current and future products, offers and promotional materials that may be of interest to you;
5.5Providing information that you request about our franchises and processing and considering your franchise application (see Franchise Application section below); and
5.6Facilitating 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.
6To whom may we disclose your information?
We may disclose your personal information to:
6.1Our related body corporates;
6.2Our 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;
6.3Suppliers and other third parties with whom we have commercial relationships, for business, marketing and related purposes;
6.4Our franchisees if you have made an enquiry or complaint relating to a store that is owned and operated by one of our franchisees;
6.5Third parties where the law requires or authorises us to do so;
6.6Any 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.
7Direct marketing materials
7.1We 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.
7.2You 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 firstname.lastname@example.org.
7.3If 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.
8.1Where 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.
8.2In 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.
8.3We collect personal information for any one or more of the following purposes:
8.3.1assessing your application to become a What’s Cooking franchisee;
8.3.2assessing whether you are suitable to progress to each stage of the What’s Cooking franchise recruitment process;
8.3.3storing 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.
8.4We may disclose your information to:
8.4.1referees or previous employers;
8.4.2our related entities; and
8.4.3law 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.
9How can you access and correct your personal information?
9.1You may request access to any personal information we hold about you at any time by emailing us at email@example.com. 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.
9.2There 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.
9.3If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it.
9.4To protect your privacy and security we will take reasonable steps to verify your identity before granting access.
10What is the process for complaining about a breach of privacy?
10.2We 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.
11What is the process for complaining about a breach of privacy?
11.1We 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.
11.2As 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.