Privacy Policy

1 OUR COMMITMENT

Foodco Group Pty Ltd 007 145 057, its Related Bodies Corporate (including Muffin Break Pty Ltd, ACN 007 192 529, Jamaica Blue Pty Ltd, ACN 059 236 387, and Foodco New Zealand Ltd, CN 583535 (“we”, “our” and “us”) recognise that your privacy is very important to you.

This Privacy Policy sets out our policies on the management of Personal Information including how we collect Personal Information, the purposes for which we use this information, and to whom this information is disclosed.

We may change or update our Privacy Policy from time to time. At any time, the latest version of our Privacy Policy is available from our website at http://www.muffinbreak.com.au/privacy-policy

2 DEFINITIONS

‘Personal Information’ has the meaning set out in the Privacy Act. Essentially, Personal Information is information or an opinion about an individual who is reasonably identifiable (including names, addresses, birth dates, or email addresses). We do not collect Sensitive Personal Information (including any information about your race, ethnic origin, political affiliation, religion or health).

‘Related Body Corporate’ has the same meaning as ‘Related Body Corporate’ under Section 50 of the Australian Corporations Act.

3 WHAT TYPES OF PERSONAL INFORMATION DO WE COLLECT?

The types of Personal Information we collect from you depends on the circumstances in which the information is collected.

For example, we may collect:

• contact details (including your name, address, email address or phone number), your date of birth or age, as well as information about your interests;
• preferences and purchase history relating to our product & promotional activity;
• demographic information and service related information which you provide to us when you respond to customer surveys; Information about the computers, phones, or other devices that you may use to connect to our products;
• Device locations, including specific geographic locations, such as through GPS, Bluetooth, or WiFi signals; and
• Connection information such as the name of your mobile operator or ISP, browser type, language and time zone, mobile phone number and IP address.
• Attributes such as the operating system, hardware version, device settings, file and software names and types, battery and signal strength, and device identifiers.

4 HOW DO WE COLLECT YOUR PERSONAL INFORMATION

We may collect Personal Information from you in a number of ways. The most common ways we collect your Personal Information are:

• directly from you when you provide it to us or our agents or contractors (for example when you enter a competition, participate in a promotional activity or complete a survey or customer comment card);
• when you participate in any loyalty scheme which is made available to our customers (including any loyalty scheme which is designed to run on a mobile device, and is made available to customers by means of a mobile application);
• via our website or when you deal with us online (including through our social media pages); from publicly available sources;
• from our Related Bodies Corporate;
• from third parties (for example, from referees if you apply for a position as an employee or contractor with us); and
• via devices that you may use to connect to our products.

If we are able to collect your information in a de-identified manner or anonymously for a particular purpose we will do so.

5 WHY WE COLLECT AND HOW WE USE PERSONAL INFORMATION

The purposes for which we use and disclose your Personal Information will depend on the circumstances we collect it. Whenever practical, we endeavour to inform you why we are collecting your Personal Information, how we intend to use that information, and to whom we intend to disclose it at the time we collect your Personal Information.

We may use or disclose your Personal Information:

• for the purposes for which we collected it (and related purposes which would be reasonably expected by you);
• for other purposes to which you have consented; and
• as otherwise permitted or required by law.

In general we collect, use and disclose your Personal Information so that we can do business together and for purposes connected with our business operations.

Some specific purposes for which we commonly collect, use and disclose Personal Information are:

• to conduct transactions with you;
• to respond to you if you have requested information (including via our websites or via an email or other correspondence you send to us);
• for market research purposes to help us improve products and services in Muffin Break stores and online;
• to assess your application as a potential franchisee or potential employee (as applicable);
• to administer surveys, competitions or other promotional activities or events conducted, sponsored or managed by us or our business partners;
• to provide you with direct marketing materials if you are a customer who is a member of our loyalty scheme or a person who has entered into a competition;
• to administer the participation of any customer who is a member of our loyalty scheme or who has entered into a competition;
• to provide you with goods or services through one of our franchises;
• to address any issues or complaints that we or you have regarding our relationship; and
• to contact you regarding the above, including via electronic messaging such as SMS and email, by mail, by phone or in any other lawful manner.

6 DIRECT MARKETING

Direct marketing involves communicating directly with you for the purpose of promoting our services or the goods or services of our Related Bodies Corporate. We may also communicate with you for the purpose of providing you with special offers. Direct marketing may be delivered by a range of methods including mail, telephone, email, SMS, social media, online advertising and through app notifications.

We may use and disclose your Personal Information for the purpose of direct marketing to you where:

• you have consented to us doing so; or
• it is otherwise permitted by law.

You can unsubscribe from our direct marketing at any time, or change your contact preferences, by contacting us (see section 15 of this Privacy Policy).

7 WHAT HAPPENS IF YOU DON’T PROVIDE PERSONAL INFORMATION?

Generally, you have no obligation to provide to us any Personal Information requested by us. However, if you choose to withhold requested Personal Information, we may not be able to do provide you with the services requested or allow you to participate in the activities that depend on the collection of that information.

8 SHARING YOUR PERSONAL INFORMATION WITH THIRD PARTIES

We never sell, rent or trade your Personal Information.

We may share your Personal Information with third parties in connection with the purposes described in section 5 of this Privacy Policy.

This may include disclosing your Personal Information to the following types of third parties (depending on the purposes for which we have collected your Personal Information):

• our Related Bodies Corporate;
• our contractors and other third parties that provide goods and services to us including:
  • website and data hosting providers;
  • companies that evaluate service quality and customer satisfaction;
  • analytics, marketing and profiling service providers; and
  • direct mailing service providers;
• payment system operators;
• fully trained Muffin Break franchisees that need the information to provide you with a product or service which you would reasonably expect to receive from them;
• our accountants, insurers, lawyers, auditors and other professional advisors and agents;
• if you are an individual contractor to us or a prospective employee, to HR related service providers (e.g. for outsourced payroll processing, background checks);
• any third parties to whom you have directed or permitted us to disclose your Personal Information (e.g. referees);
• if we or any of our Related Bodies Corporate or their assets may be acquired or considered for acquisition by a third party, that third party and its advisors; and
• otherwise as permitted or required by law.

9 DOES YOUR PERSONAL INFORMATION LEAVE AUSTRALIA?

We may disclose Personal Information outside of Australia to our Related Bodies Corporate, service providers and other third parties including those located in New Zealand and the United Kingdom.

Except in some cases where we may rely on an exception under the Privacy Act, we will take reasonable steps to ensure that such overseas recipients do not breach the Australian Privacy Principles.

10 SECURITY OF YOUR PERSONAL INFORMATION

We may store Personal Information on computer databases and/or in hard copy. We may also engage third party service providers to assist in storing and processing certain types of Personal Information for us. Some of these service providers may be located outside of Australia, or use facilities located outside of Australia to provide us with services.

We destroy or permanently de-identify Personal Information if it is no longer needed for the purposes for which it may be used or disclosed by us unless it is otherwise required by law to be retained.

We are committed to keeping your Personal Information secure and will use all reasonable precautions to protect it from loss, misuse or unauthorised access or alteration. However, except to the extent liability cannot be excluded due to the operation of statute, we exclude all liability (including in negligence) for the consequences of any unauthorised access to, disclosure of, misuse of or loss or corruption of your personal information.

Nothing in this Privacy Policy restricts, excludes or modifies any statutory consumer rights (including under the Competition and Consumer Act 2010 (Cth)).

Please notify us immediately if you become aware of any breach of security.

11 ACCURACY OF THE PERSONAL INFORMATION WE HOLD

We take reasonable steps to maintain the accuracy your Personal Information.

We encourage you to contact us if you become aware that the Personal Information we hold about you is incorrect or to notify us of a change in your Personal Information. Our contact details are set out in section 15 of this Privacy Policy.

12 ACCESS & CORRECTIONS

You may seek access to the Personal Information we hold about you by contacting us as described in section 15 of this Privacy Policy. We will provide access to that information in accordance with the Privacy Act, subject to certain exemptions which may apply.

Upon receipt of your request, we will reply, using the same method in which you contacted us or as you otherwise specify, usually within five (5) business days or as soon as we reasonably can in the circumstances. We may require that the person requesting access provide suitable identification and where permitted by law we may charge a fee for granting access to your Personal Information.

13 LINKS, COOKIES AND USE OF OUR WEBSITES AND APPLICATIONS

When you click on links on our website, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

We use “cookies” and similar technology on our website and in our other technology applications. The use of such technologies helps to monitor the effectiveness of advertising and how visitors use our websites/applications. We may use such technologies to generate statistics, measure your activity, improve the usefulness of our websites/applications and to enhance the “customer” experience. Any Personal Information collected by cookies is dealt with in accordance with this Privacy Policy.

If you prefer not to receive cookies you can adjust your Internet browser to refuse cookies or to warn you when cookies are being used. However, our websites may not function properly or optimally if cookies have been turned off.

14 QUESTIONS SUGGESTIONS OR COMPLAINTS

If you have any questions, suggestions or complaints concerning our privacy policy or the way in which we have dealt with your Personal Information, please write to us our Contact Address set out below. We will respond to your question, suggestion or complaint as soon as possible.

You can obtain information on privacy issues in Australia by visiting the web site of the Office of the Australian Information Commissioner at www.oaic.gov.au or by telephoning 1300 363 992.

15 OUR CONTACT ADDRESS

Foodco Group Pty Ltd at Building 215, Level 1, The Entertainment Quarter 122 Lang Road, Moore Park, NSW 2021 or email: info@foodco.com.au.

We hope you continue to enjoy your visits to Muffin Break.

MUFFIN BREAK PRIVACY COLLECTION STATEMENT

Foodco Group Pty Ltd is collecting your personal information for the purposes outlined within the Privacy Policy

We and our related companies may also use your personal information to provide you with information about our products or services which we think may be of interest to you as outlined in our Privacy Policy.

If you do not provide us with your personal information we may not be able to provide you with these services. We may disclose your information to third parties (e.g. our related companies or third parties who provide goods and services to us). Some of these third parties are located in New Zealand and the United Kingdom.

Our privacy policy (available at http://www.muffinbreak.com.au/privacy-policy/) contains information about how you can seek to access or correct personal information we hold about you, how you can make a privacy complaint and how we will deal with a privacy complaint. You can contact us at info@foodco.com.au.