Privacy Policy

 

Last Updated: 1 October 2023

 

1. Overview

• • Schnitz Franchising Pty Ltd (ABN 38 138 490 070) of Level 10 Como Tower, 644 Chapel Street, South Yarra VIC 3141 and its Related Body Corporates, as defined in section 50 of the Corporations Act 2001 (Cth) (we, our, us or Schnitz) operate a restaurant franchise called Schnitz (the Franchise). As part of operating the Franchise, Schnitz operates the website located at https://schnitz.com.au/ (Website) where Schnitz provides information to the public about its goods (Goods), services (Services), store locations, menu, promotions and other information.
  • We are committed to protecting the privacy of individuals who deal with us. This Privacy Policy governs how we collect and use your Personal Information in relation to the operation of the Franchise, the Website and other interactions with us. In this Privacy Policy, Personal Information has the meaning defined in the Privacy Act.
  • We handle Personal Information that we collect or obtain from you in relation to the operation of the Franchise, the Website or otherwise in accordance with this Schnitz Privacy Policy (Privacy Policy), the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles set out in the Privacy Act (Australian Privacy Principles).
  • This Privacy Policy contains information about:
    • how you may access your Personal Information held by us;
    • how to seek the correction of your Personal Information held by us; and
    • how to make complaints about any privacy-related concerns relating to us or breaches of any privacy laws by us.
  • This Privacy Policy is also a collection notice from us to you regarding how we will collect your Personal Information.
  • If we change this Privacy Policy, we will display the updated Privacy Policy on the Website and we may also notify you in writing. If you object to any changes, you may discontinue use of our Goods, Services, the Website or otherwise cease interacting with us.

 

2. Agreement

By interacting with Schnitz, using the Website or otherwise supplying us your Personal Information, you consent to our collection, use, disclosure, storage, destruction and otherwise handling of Personal Information, in accordance with the terms of this Privacy Policy.

 

3. How do we collect Personal Information?

• • We collect Personal Information where it is reasonably necessary for the proper function of the Website and the Franchise through the following avenues:
    • where you have directed an enquiry to us;
    • where you have engaged in any communication with us for example over email or phone;
    • where you complete a form (including subscription form and franchisee induction forms) or registration process on the Website;
    • through the use of browser ‘cookies’ or trackers, where you use the Website;
    • where you enter a competition run by us;
    • where you sign up for our loyalty program;
    • where we need to invoice you for any goods or services we have provided to you;
    • where you engage with us and the Franchise as a supplier (including where you provide us with a pre qualifications checklist);
    • where you engage us and with the Franchise as a franchisee;
    • where you engage with us and the Franchise as an employee; and
    • in other situations where Personal Information has not been solicited directly from you but is reasonably necessary for the proper function of the Website and the Franchise.
  • We may sometimes collect Personal Information about you from third parties where it is reasonably necessary for the proper function of the Website and the Franchise, such as:
    • from a third party supplier who you are associated with in order to facilitate the receipt of goods and services from the supplier for the Franchise;
    • from your employer who may provide us with your Personal Information for the purposes of allowing us to contact you in relation to the Franchise; and
    • from other third parties in such other situations where it is reasonably necessary for the proper function of the Website and the Franchise.
  • Where we collect unsolicited Personal Information from you and the information is not reasonably necessary for the proper function of the Website and the Franchise, we take steps to destroy and/or de-identify the information as soon as practicable.
  • We hold your Personal Information by storing it electronically, by exporting it onto a computer or in hard copy.

 

4. What Personal Information Do We Collect?

• • The kind of Personal Information we may collect from you depends on who you are (for example, a franchisee, supplier, customer or prospective employee) and the nature of your interaction with us.
  • We collect, use and store the following types of Personal Information:
    • For current, former and prospective franchisees:
      • contact details such as names, email addresses, phone numbers, office address, postal address and other geographical information;
      • details about their employees, directors, contractors, agents and other representatives such as dates of birth, gender, email addresses, home addresses, phone numbers, titles and qualifications;
      • citizenship, language and educational background information;
      • legal information (including current proceedings and any criminal record);
      • marital status;
      • photographs as well as voice and video recordings;
      • financial information such as current income, net worth, assets and liabilities, monthly profit and loss statements, sales reports, banking details and business registrations; and
      • other Personal Information that you may voluntarily provide to us in relation to the operation of the Franchise.
    • For current, former and prospective suppliers:
      • contact details such as names, email addresses, phone numbers, office address, postal address and other geographical information;
      • details about their employees, directors, contractors, agents and other representative such as names, email addresses and phone numbers;
      • business information such as banking details, evidence of insurances, business registrations, pricing information, hourly rates and payment details;
      • photographs as well as voice and video recordings; and
      • other Personal Information that you may voluntarily provide to us to assist us to engage in a business relationship with you in relation to the Franchise.
    • For customers and prospective customers:
      • contact details such as names, email addresses, phone numbers and geographical information;
      • date of birth, favourite store and payment information;
      • other Personal Information that you may voluntarily provide to us to assist us to provide the Goods and Services to you in relation to the Franchise.
    • For prospective employees:
      • contact details such as names, email addresses, phone numbers, office address, postal address and other geographical information;
      • details such as dates of birth, gender, referees, employment history, salary expectations, psychographic testing, titles and qualifications;
      • photographs as well as voice and video recordings;
      • information we obtain about you from background and reference checks; and
      • other Personal Information that you may voluntarily provide to us to assist us to consider whether to employ you.
    • Information about our staff, representatives and officers as required in the normal course of human resource management and business operations.
    • Other Personal Information that you may voluntarily provide to us to assist us to operate the Franchise and the Website.
  • Where:
    • You wish to be involved in a supplier, employment or other commercial relationship with us, you must provide accurate Personal Information to us as it will be impracticable for us be involved in the relationship with you unless you do so (for example, we would not be able to meet with you, discuss work with you, communicate with you by email and phone).
    • You are not an individual but wish to be involved in a supplier, employment or other commercial relationship with us, you must provide accurate Personal Information to us of the individual representatives of your organisation, as it will be impracticable for us be involved in the relationship with you unless you do so (for example, we would not be able to meet with you, discuss work with you or communicate with you by email and phone).

 

5. Anonymity & Pseudonymity 

• • If you provide a pseudonym to us or wish to remain anonymous, you can browse and view the Website without restrictions, however we may not be able to provide you with the full extent of our Goods and Services, engage you as a supplier or employee and our interactions with you in relation to the Franchise may be limited.
  • We may require that you accurately identify yourself so that we can take reasonable steps to provide accurate information to others as part of our operation of the Franchise.

 

6. Use & Disclosure of Personal Information 

• • We will not sell or trade your Personal Information to any third party, organisations or individuals without your consent, unless we are required or permitted to do so by law.
  • We may use or disclose Personal Information collected and listed in clause 4 above for the following purposes:
    • in the course of the regular operation of the Website and the Franchise;
    • for the development of new business, Goods and Services;
    • to create supplier lists, employee lists, client lists and other databases;
    • to create and issue invoices;
    • to assess the suitability of a prospective franchisee, supplier or employee;
    • to assess compliance with any franchise agreement, supplier agreement or other contract;
    • to assess suitability of a prospective employee;
    • to respond to feedback and complaints;
    • to personalise your experience of our Goods and Services;
    • for the enforcement of our Website’s Terms of Use;
    • for the enforcement of a contract you have entered into with us or any agreement, undertaking, warranty or promise you have given us (for example, when you have entered into a contract with us because you are a supplier);
    • for direct marketing purposes (see clause 7 below for more information);
    • to notify you of important changes to the Website and the Franchise that may be of interest to you;
    • to update you on matters relating to the Franchise that may be of interest to you;
    • to understand customer trends and patterns so that we may develop marketing and sales strategies; and
    • for any other purpose for which you give your consent.
  • We may disclose your personal information to third parties outside of Schnitz, including:
    • third parties who Schnitz engages to help run the Franchise and provide the Goods and Services including legal advisors, financial and tax advisors, book-keepers, HR professionals, website hosting providers and IT providers;
    • third parties who Schnitz engages to help you be involved with Schnitz as part of a supplier, employment or other commercial relationship; and
    • to any duly authorised law enforcement officer or any other person authorised by any law to receive that information.
  • In addition to the purposes above in clause 6, we may also use or disclose Personal Information for any of the Permitted General Situations outlined in section 16A of the Privacy Act including but not limited to use or disclosure for evidentiary purposes in establishing or defending a legal or equitable claim, serious threats to public health or safety, or assistance in locating missing persons. We may be compelled by operation of law to disclose any information relating to you, including your identity and contact details.

 

7. Direct Marketing 

• • Your Personal Information may be used to offer you new goods and services relating to the Franchise, notify you of new developments to our existing goods and services as well as for other direct marketing purposes.
  • We may use your Personal Information to offer you goods and services relating to the Franchise, notify you of developments to our existing goods and services, to keep you up to date with the Franchise as well as for other direct marketing purposes (Direct Marketing Communications).
  • Unless you have opted out of receiving Direct Marketing Communications, by continuing to use the Website and otherwise interacting with Schnitz, you hereby consent to:
    • receiving the Direct Marketing Communications and you consent to us;
    • us using your Personal Information for Direct Marketing Communications; and
    • us contacting you by mail, telephone, email or SMS to provide you with Direct Marketing Communications.
  • If you do not wish to receive Direct Marketing Communications from us, you may opt-out by clicking the link on the relevant communication or contact Schnitz at [email protected].
  • We may use your Personal Information to provide you with targeted advertisements we believe may be of interest to you. For more information about how targeted advertising works and how to opt out, you can visit the Your Online Choices educational page at https://youronlinechoices.com.au/opt-out/.
  • Additionally, you can opt out of targeted advertising on some of our third party advertisers using the following links:
    • https://www.google.com/settings/ads/anonymous;
    • https://www.facebook.com/settings/?tab=ads; and
    • http://optout.networkadvertising.org/.

 

8. Third Party and Cross-Border Disclosure 

• • From time-to-time, we use third-party service providers for digital cloud storage, web hosting or other technology-related services in connection with providing our Goods and Services. Accordingly, we may disclose your Personal Information to third party services providers who may operate outside of Australia or operate in Australia with servers located outside of Australia (International Operators).
  • We note that at the time of this Privacy Policy, we use the following key International Operators listed in clause 8(e). We have listed the locations of the International Operators also in clause 8(e).
  • As some of these entities are of a global nature, we cannot say with certainty where their servers are located or the countries out of which they operate. Further, these locations may be subject to change without notice to us.
  • We take steps to ensure that our contracts with these service providers require them the adhere to the Australian Privacy Principles and/or they are subject to similar privacy laws.
  • List of key International Operators used by us (this is not an exhaustive list of all international operators):
    • Review Trackers – US
    • Azure – US (Data based in Australian Region)
    • AWS – US (Data based in Australian Region)
    • SmartSheet – US
    • GoogleWorkspace – US
    • Automox
    • Infosec – US
    • Adobe – US
    • OneLogin – US
    • Bloom – US
    • Spanning – US
    • CrowdStrike – US
    • Microsoft – US
    • HubSpot – US
    • Netsuite – US

 

9. Third Party Websites and Social Media 

• • This Privacy Policy applies solely to Personal Information collected in relation to our Website and the Franchise.
  • We are not responsible and take no responsibility for the collection of information and privacy practices of any other third party websites or organisations that may be linked to from this Website from time-to-time, or social media platforms which may be accessed via links on our Website, social media platforms, emails or otherwise.
  • We refer you to the privacy policies and terms of use of the operators of any linked third-party websites or social media platforms.

 

10. Access and Correction to your Personal Information 

• • You may, in writing, request that we provide you with items of your Personal Information. You do not need a reason for making such a request, however you may be charged for reasonable expenses that we incur in preparing and sending you a copy of your Personal Information.
  • We will take reasonable steps to see that your Personal Information collected and stored is accurate, up-to-date and complete.

 

11. Cookies & Analytics 

• • We collect device information, including information about your web browser, IP address, time zone, some of the cookies that are installed on your device, individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site using cookies and log files.
  • We may use cookies technology to store data on your computer using the functionality of your browser. Many websites do this because cookies allow our Website publisher to do useful things like find out whether the computer has visited the site before.  You can modify your browser to prevent cookie use but if you do this, our Goods (and our Website) may not work properly.  The information stored in the cookie is used to identify you. This enables us to operate an efficient service and to track the patterns of behaviour of visitors to our Website.
  • In the course of serving advertisements to our Website (if any), third-party advertisers or ad servers may place or recognise a unique cookie on your browser. The use of cookies by such third party advertisers or ad servers is not subject to this Policy, but is subject to their own respective privacy policies.
  • You can find out more about what a cookie is and how they’re used for targeted marketing purposes at this link: https://www.oaic.gov.au/privacy/your-privacy-rights/advertising-and-marketing/targeted-advertising.
  • We use Google Analytics to help us understand how our customers use our website. You can opt out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

 

12. Security of your Personal Information 

• • You should be aware that there are inherent risks associated with the transmission of information via the Internet. Data security measures can never be guaranteed. We will take reasonable steps to protect your Personal Information from interference, misuse, loss, unauthorised access, modification or unauthorised disclosure. We will take reasonable steps to see that your Personal Information is protected while stored by us, and de-identified once no longer required.
  • If you suspect any misuse, loss, unauthorised access, modification or disclosure of your Personal Information, please contact us immediately.

 

13. Transfer of Personal Information

If there is a sale, merger, consolidation, change in control, transfer of substantial assets, reorganisation or liquidation of us then, in our sole discretion, we may transfer, sell or assign Personal Information collected to one or more relevant third parties.

 

14. Queries & Complaints 

• • If you have any questions about this Privacy Policy, or if you wish to request access to your Personal Information, correct or update you details or raise any privacy concerns you may have, please contact us at the contact details below.
  • Schnitz also has a formal complaints process regarding the use or misuse of your Personal Information. If you believe we have breached our obligations under this Privacy Policy or the Australian Privacy Principles, please contact us at the contact details below.
  • If you believe we have breached our obligations under this Privacy Policy or the Australian Privacy Principles, please give us the opportunity to resolve matters by contact us first, in writing by email or by post. Once we have received a complaint, we will try to work with you to resolve the matter. The steps we may take to resolve the matter include:
    • We may request further information from you. This will enable us to investigate the complaint and determine an appropriate solution.
    • We will discuss options for resolution with you. If you have suggestions about this this matter, please raise these with our Privacy Officer.
    • Where necessary, we will conduct an investigation and endeavour to do so within a reasonable time. We may have to engage others in order to progress the investigation.
  • If you are not satisfied with our response to your complaint, you may wish to contact the Office of Australian Information Commissioner (OAIC). For more information, please see their website https://www.oaic.gov.au/about-us/contact-us. Please note that the OAIC may decline to investigate until you have first raised the matter with us.

 

15. Our Contact Details

 

Attention: The Privacy Officer

Schnitz Franchising Pty Ltd

(ABN 38 138 490 070)

Level 10 Como Tower,

644 Chapel Street,

South Yarra VIC 3141

 

Email: [email protected]

 

For further information on your privacy rights go to www.privacy.gov.au.