GUZMAN Y GOMEZ GROUP – PRIVACY POLICY STATEMENT

This Privacy Policy sets out the policy of Guzman y Gomez (Holdings) Limited and its related bodies corporate, and each Guzman y Gomez franchisee (together “we”, “us”, “our” or “GYG”) with respect to the way we obtain, use and disclose information about you including through our website at www.guzmanygomez.com.au We adopt and are bound by the Australian Privacy Principles (“APPs”) contained in Privacy Act 1988 (Cth) (“the Act”).

We understand and appreciate that you are concerned about privacy, and we value and respect the privacy of your Personal Information (defined below).

This Privacy Policy does not apply to other companies or organisations or websites to which GYG is linked (including where we provide links to third party websites on our website) and we are not responsible for the privacy practices of any third parties.

This Privacy Policy covers Personal Information collected and used by GYG in relation to any of the following:

  • franchisees or prospective franchisees;
  • customers;
  • suppliers or prospective suppliers;
  • independent contractors or any person who applies to become an employee or independent contractor; and
  • employees.

WHAT IS PERSONAL INFORMATION?

For the purposes of this Privacy Policy, “Personal Information” is information or an opinion about you as an identified individual or an individual who is reasonably identifiable, whether or not the information or opinion is true and whether or not it is recorded in a material form.

WHEN DO WE COLLECT AND USE YOUR PERSONAL INFORMATION?

We may collect and use your Personal Information where:

  • you provide us with your Personal Information in relation to a competition, promotional campaign, requesting a quote, make a complaint or for any other reason;
  • you make enquiries about or submit an application to become a franchisee, employee, independent contractor, supplier of us or any of our franchisees;
  • you visit our website or participate in an online enquiry, use our app, sign up to the GOMEX loyalty program or subscribe to our electronic mailing list;
  • you visit any website or social media site established by us, including but not limited to Facebook, Twitter, Pinterest, Instagram, Google+, YouTube and Linked In (“Social Media Sites”); or
  • you participate in any activity on a Social Media Site including but not limited to entering competitions, subscribing to our blog, posting, pinning or uploading any material on any Social Media Site, following, liking and/or commenting on us or anything on any Social Media Site (“Social Media Activity”).

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 number, email address, age group and interests. When registering for or using our services, we may also collect details of your gender, birthday, post code, regular GYG restaurant, order details, any customer service interactions, responses to marketing messages such as feedback or ratings and payment information.

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, contractors and/or prospective employees, we may also collect the following information: commencement dates, employment status, location, gender, bank account statements, emergency contact details, qualifications, previous employment details, driver’s licence numbers, car registration numbers, 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. We may also collect your sensitive information, including medical and health information. If you apply for a job or contract with us, we may collect personal information from your referees.

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 GYG to identify you.

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.

You do not have to provide us with your Personal Information. In some circumstances, you may deal with us anonymously or using a pseudonym. However, depending on your relationship with us, it may be impracticable to do so and we may 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:

  • from our franchisees;
  • from you when you make a telephone, online or email enquiry including via our website, seek a quote or order online or via phone, enter a competition, participate in a promotional campaign, sign up to the GOMEX loyalty program, when you use our app, subscribe to our electronic mailing list, lodge a complaint or feedback, or otherwise register for and use our services;
  • from you when you provide us with such information to us via application forms, customer feedback forms, business cards, contracts or any other document provided by you to us;
  • through analysis of the Social Media Sites conducted by us or by third parties on our behalf;
  • from third parties such as credit reporting agencies, recruitment agencies, insurers and insurance brokers, health professionals, referees nominated by you, or your representatives;
  • from publicly available sources of information; and
  • from our own records.

There may be occasions when we collect information about you from a third party. In such instances, we will determine whether we would have been entitled to collect such information from you and to the extent we would not have been entitled to do so, we will destroy or de-identify such information as soon as reasonably practicable.

Tracking technologies such as cookies may be used on our website. Cookies are pieces of information that a website transfers to a computer’s hard disk for record keeping purposes. We may use cookies to recognise your browser when you visit our site and to log your IP address, date and time of your visit to our site, the pages you visit and the type of browser you were using. We may also send GYG advertisements to your IP address. 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 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:

  • supplying our products and services to you;
  • providing quality assurance for our products and services;
  • responding to your enquiries and feedback regarding our business, our products and services;
  • notifying you if you win a competition;
  • monitoring the performance of our business and our franchisees;
  • marketing including email marketing, promotional and educative activities including keeping you up-to-date with products, services, events, promotions we think would be of particular interest to you;
  • planning, product development or research purposes;
  • enforcing the terms and conditions of our engagement with you;
  • for the management of our database; and
  • ensuring compliance with statutory obligations.

In relation to the Personal Information of franchisees, the purposes include those mentioned above and the following:

  • conducting appropriate credit checks;
  • verifying information required under the franchise agreement, including by accessing and assessing information received from suppliers, trade referees, insurers, banks, local municipal council or any other entity;
  • to confirm and enforce compliance with the franchise agreement;
  • providing franchisee support;
  • to comply with disclosure requirements under the Franchising Code of Conduct; and
  • all things of or incidental to carrying out our role as a franchisor.

We use and disclose information we hold about you as an employee or incidental to our role as your employer, in accordance with applicable laws.

HOW IS YOUR PERSONAL INFORMATION DISCLOSED BY GYG?

We may transfer or disclose your Personal Information to:

  • our related companies;
  • third party consultants who may from time to time manage all or part of our database or computer systems or internet sites;
  • third party service providers where we outsource any of our functions, including but not limited to development, delivery, production and/or printing of advertising and marketing material and campaigns, including where such material contains photos or video of individuals;
  • third parties who undertake mystery shopping and customer satisfaction surveys;
  • to prospective purchasers and their legal and accounting representatives where that information relates to a sale of all or part of our business;
  • the general public, for example, via internet when notifying of competition results or via media when photographs or video are used in advertising material or campaigns;
  • where you have expressly consented to the disclosure or the consent may be reasonably inferred from the circumstances; and
  • as required or authorised to do so by law.

Where information is shared with third parties who help us conduct our business, we will take all reasonable steps to ensure that third parties observe the confidential nature of such information and are prohibited from using any or all of this information beyond what is necessary to assist us.

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.

Where you are a franchisee, you, in addition to the above transfers and disclosures, consent to our use and disclosure of your Personal Information in the following ways:

  • some Personal Information of franchisees, franchisee’s weekly takings information and profit and loss statement and other financial results information being available to be viewed by other franchisees;
  • Personal Information including but not limited to names, contact details, photos of employees of GYG may be viewable by franchisees and other employees via the intranet and other electronic means;
  • being providing contact details to landlords and some suppliers, to enable them to contact franchisees; and
  • providing Personal Information to our lawyers and other professional advisors, for the production of legal franchising documentation and for any matter requiring us to seek legal advice or assistance or other professional services.

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 (including any privacy policies) of such Social Media Sites. We are not responsible for the terms and conditions or privacy practices of any 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 further shared by others indefinitely and will be visible by anyone visiting the locations to which the photos or other material have been shared. You may be able to remove the photos or other material that you have shared from the location at which you shared it. However, any material that has been further shared will be out of our control and neither you nor we will be able to remove it from any such location. We are not responsible for any material that has been shared.

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

We may disclose your Personal Information to recipients located outside of Australia, who are likely to be located in the Philippines and the United States. Some Personal Information of Australian GYG franchisees and/or their employees and/or customers may be disclosed to our master franchisees overseas to be used for their marketing purposes, including by sharing on their websites or Social Media sites.

You should be aware that, some Social Media Sites used by us or programs, software or online tools you may use to access our website or Social Media Sites, are based in and/or housed overseas. Whilst we do not actively disclose your Personal Information to such organisations, the use of such programs by us 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.

SECURITY

Where we store your Personal Information depends on the interaction you have had with us. This may include storage in electronic format in our IT systems and databases and in hard copy. We use third party service providers to store some Personal Information.

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:

  • ensuring the physical security of our premises and databases/records;
  • taking measures to restrict access to personnel who need that information in order for us to be able to provide our products and services; and
  • technological measures, such as computer passwords, data back-up, data encryption, anti-virus software and firewalls.

These controls are supported by internal policies and processes, as well as training for our employees.

The transmission of Personal Information across the internet is not completely secure, so we cannot guarantee the security of your Personal Information transmitted to our website, via email, through social media interactions or other online forums. Any such transmission is at your own risk and we are not liable for any breach of security or unintended loss or disclosure of information due to the website being linked to the internet.

HOW TO UNSUBSCRIBE FROM OUR DIRECT MARKETING

In each email or piece of marketing material that you receive from us, we will endeavour to attach simple instructions on how you can immediately unsubscribe from our mailing list. In any event, you can opt out from receiving promotional material by emailing our Privacy Officer and asking to be removed from the mailing list.

HOW TO CHECK OR CHANGE YOUR DETAILS

We take reasonable steps to ensure that your Personal Information is accurate, complete and up to date and relevant to the purposes for which we are able to use your Personal Information under this Privacy Policy.

If you wish to view the Personal Information we hold about you, please send your request to our Privacy Officer by email using the contact details at the end of this Privacy Policy. We may charge you a reasonable fee for such access (for example, photocopying or postage costs).

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.

There are some circumstances in which we are not required to give you access to your Personal Information. If this is the case, we will, to the extent we are able to, let you know the reason why.

CHANGES TO OUR PRIVACY POLICY

From time to time we may update this Privacy Policy. When this occurs, we will post the new version of the Privacy Policy on our website. We encourage you to periodically review this Privacy Policy so that you remain informed as to how we are protecting your Personal Information.

COMPLAINTS

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. We will discuss your concerns with you and take action as necessary to address such concerns which may include contacting the relevant franchisee 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:

  • take steps to rectify the problem or issue you have raised;
  • provide you with additional information or advice so that you can understand what happened and how we have dealt with it; or
  • take steps to change our policies or procedures if your complaint identifies a problem in the way we are doing things.

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 Office of the Australian Information Commissioner (“OAIC”) via an online privacy complaint form which can be found on the OAIC’s website at: https://www.oaic.gov.au/privacy/privacy-complaints/lodge-a-privacy-complaint-with-us.

We welcome your questions and comments regarding this Privacy Policy. If you have a suggestion as to how we may improve our Privacy Policy, please contact our Privacy Officer.

PRIVACY OFFICER DETAILS

The Privacy Officer
Guzman y Gomez Group
Email: legal@gyg.com.au