PRIVACY POLICY NEW ZEALAND 

This Privacy Policy sets out the policy of Bakers Delight (NZ) Limited, a subsidiary of Bakers Delight Holdings Limited, and each Bakers Delight franchisee (“together “we”, “us”, “Bakers Delight”) with respect to the way we obtain, use and disclose information about you including through our website at www.bakersdelight.co.nz. We adopt and are bound by the New Zealand Information Privacy Principles (IPPs) contained in the Privacy Act 2020 (“the Act”).

We recognise that you have the right to control your Personal Information and you have our assurance that we will take all reasonable steps to ensure that the Personal Information we collect is protected from misuse or unauthorised disclosure.

This Privacy Policy applies to Bakers Delight and each of its franchisees but not to other companies or organisations or websites to which Bakers Delight is linked.

For the sake of clarity, this Privacy Policy covers Personal Information collected and used by Bakers Delight (including by Bakers Delight franchisees) in relation to any of the following:

• franchisees or prospective franchisees (or if the franchisee is a company, the term ‘franchisee’ or ‘prospective franchisee’ includes the directors and shareholders of the franchisee/prospective franchisee, the Bakery Principal, the guarantors, and where relevant, a Bakery Operator);
• customers;
• suppliers or prospective suppliers; and
• independent contractors or any person who applies to become an employee or independent contractor.

Your Consent

You consent to your Personal Information being used in accordance with this Privacy Policy by any one or more of the following:

• by providing us with your Personal Information in relation to a competition, complaint or for any other reason;
• by making enquiries about or submitting an application to become a franchisee, employee, independent contractor, supplier of us or any of our franchisees;
• by visiting our website or participating in an online enquiry;
• by setting up a user account in any online ordering and/or delivery service we make available and by submitting an order through such online ordering and/or delivery service;
• by visiting 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”) via mobile, tablet, laptop or personal computer; and
• by participating 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 is Personal Information?

For the purposes of this Privacy Policy, “Personal Information” is information or an opinion about you as an identifiable individual.

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 numbers, facsimile number, email addresses and credit card and debit card details.  We may ask for your date of birth although it will be optional for you to provide these details.

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.  If you are an employee of Bakers Delight NZ Limited, your photo may be used within Bakers Delight to identify you, including by being electronically attached to your email address.

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.

Franchisees

From our franchisees, we also require company details including NZBN and/or New Zealand company number, 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.

Employees

From our employees and/or prospective employees, we collect several types of information, including, but not limited to, commencement dates, employment status, location, gender, bank account details, emergency contact details, qualifications, previous employment details, driver’s licence numbers, car registration numbers, medical and health information, 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.

Pseudonym

In some circumstances, you may deal with us anonymously or using a pseudonym.  However, in most circumstances it is impracticable to do so because if you do not provide us with the Personal Information that we require or if you provide it in a way that does not identify you, we are likely to 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 you when you make a general or specific telephone or online enquiry including but not limited to when you enter a competition or lodge a complaint;
• from you when you submit an order through any online ordering and/or delivery service we make available;
• 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 and when you participate in a competition, program or promotion or Social Media Activity;
• by including you in advertising and marketing images, where relevant;
• through analysis of the Social Media Sites conducted by us or by third parties on our behalf;
• from third parties such as your suppliers, 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.

Through our website we can obtain Personal Information if you send such information in an email or when you complete an online enquiry.

When you look at our website, we may make a record of your visit.  The following information may be logged for statistical purposes and for the purposes of marketing and advertising to you:

• your internet protocol address;
• the date and time of your visit to our site;
• the pages that you have accessed and the documents downloaded; and
• the type of browser you were using.
• This type of statistical information does not identify you.

Tracking technologies such as cookies may be used on our website to recognise a user’s browser each time that user visits our site and to track which pages the user visits whilst on our site and also to send Bakers Delight advertisements to your internet protocol address.  Cookies are pieces of information that a website transfers to a computer’s hard disk for record keeping purposes.  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.

Why do we collect your Personal Information?

We will collect and 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;
• monitoring the performance of our business and our franchisees;
• marketing including email marketing, promotional and educative activities;
• enforcing the terms and conditions of any contract or arrangement with you;
• for the management of our database; and
• ensuring compliance with statutory and legal 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 and any other contract or arrangement, including but not limited to, ensuring you are complying with the terms and conditions you have with your suppliers of goods and services to your bakery;
• providing franchisee support;
• to comply with disclosure requirements under the Code of Practice of Franchise Association of New Zealand; and
• all things of or incidental to carrying out our role as a franchisor.

In relation to the Personal Information of customers, the purposes include the general purposes mentioned above and also include verifying, notifying and/or responding to you in relation to any enquiries, complaints, or if you win a competition and/or processing orders submitted by you through any online ordering and/or delivery service we make available and processing payments for orders placed through such online ordering and/or delivery service.

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

Direct Marketing

We may from time to time, communicate with you directly to promote our products or services.  On each communication, we will advise how you may unsubscribe or opt out of receiving such communications.  You may, at any time, request not to receive direct marketing communications from us and we will comply with that request.

Who has access to your Personal Information?

Customers and suppliers

If you are a customer of or a supplier to Bakers Delight, your Personal Information will usually only be accessible by the Bakers Delight entity that has collected it (such as a franchisee). However, on occasion this information may need to be disclosed to Bakers Delight (NZ) Limited and/or Bakers Delight Holdings Limited (as franchisors) and to third parties, but will be disclosed only to the extent that the disclosure facilitates any of the above mentioned purposes.

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.

We will take all reasonable steps to ensure that your Personal Information is protected against loss, access, use, modification, disclosure or any other misuse.

Franchisees, employees and independent contractors

If you are a franchisee or employee or independent contract of a franchisee, your Personal Information may be disclosed to Bakers Delight (NZ) Limited and Bakers Delight Holdings Limited as franchisor and to third parties as necessary to facilitate any of the above mentioned purposes.   

You hereby 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 statements and other bakery financial results information, being available to be viewed by other franchisees;
• as the bakery principal of a franchisee, your details may be provided to charity organisations which are supported by us and our franchisees or which have requested sponsorship via an online enquiry;
• as the bakery principal of a franchisee, your details are shared with Bakers Delight Holdings Limited in Australia and with the Bakers Delight network of franchisees in New Zealand and Australia via the Bakers Delight Portal and other electronic means;
• if you are an employee of Bakers Delight NZ Limited, your Personal Information such as names, contact details and photos will be viewable by all franchisees in New Zealand and Australia via the Customer Relationship Management, Bakers Delight Portal, Point of Sale, or Business Analytics databases;
• franchisees’ details will to be provided to landlords and some suppliers, to enable them to contact franchisees;
• franchisees’ details will be provided to our lawyers, for the production of legal franchising documentation and of or incidental to any matter requiring us to seek legal advice or assistance;
• franchisees’ details will be provided to third party consultants who may from time to time manage all or part of our database or computer systems or internet sites;
• to a third party where we outsource any of our functions, including but not limited to development, production and/or printing of advertising and marketing material and campaigns, including where such material contains photos or video of individuals; mystery shopping and customer satisfaction surveys, and to facilitate online ordering and delivery services;
• of or incidental to a sale of all or part of our business, to prospective purchasers and their legal and accounting representatives;
• to 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;
• some employees’ Personal Information will be supplied to third parties to enable such employees to carry out their roles as our employees. This includes, but is not limited to, provision to financial service providers such as AMEX to facilitate a corporate credit card, and to airlines such as Qantas to set up Qantas Club memberships or other applicable airline memberships (where relevant);

When applicable, employee Personal Information will be submitted to the Kiwisaver provider nominated by each employee; and as required by law (such as to Inland Revenue Department).

If you are a franchisee, you also consent to BDH having access to information relating to your accounts with your suppliers, including but not limited to, copies of invoices and statements.  This is to enable BDH to ensure you are complying with your franchise agreement.

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 of such Social Media Sites.  Any Personal Information pinned or posted or uploaded by you onto Social Media Sites can be disclosed in accordance with the terms and conditions and privacy policies of such 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 re-pinned and re-posted by others indefinitely and will be visible by anyone visiting the locations to which the photos or other material have been re-pinned.  You may be able to remove the photos or other material that you have pinned or posted from the location at which you pinned or posted it.  However, any material that has been re-pinned will be out of our control and neither you nor we will be able to remove it from any re-pinned location.  We are not responsible for any material that has been re-pinned or re-posted.

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

Some of your Personal Information may be disclosed overseas to Australia, Canada and/or United States of America to enable Bakers Delight Holdings Limited to carry out its functions as parent company or related entity of Bakers Delight (NZ) Ltd.  Bakers Delight Holdings Limited is also the parent company of BD Canada Ltd and COBS USA Inc. Such Personal Information is stored on and is accessible via our Customer Relationship Management, Bakers Delight Portal, Point of Sale, or Business Analytics databases.

In addition, some programs, software, online tools or Social Media Sites used by us and/or our third-party service providers, are based in and/or housed overseas.  The use of such programs by us or by our third-party service providers 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.

See the table below showing the products we use (which may change from time to time) and links to their privacy policies.

If you consent to disclosure of your Personal Information as described above, we are not required to take reasonable steps to ensure that such organisations do not breach the Information Privacy Principles of the Privacy Act 2020 IPPs in relation to the disclosed information, we will not be liable under the Act and you will not be able to seek redress under the Act. The overseas organisation may not be subject to any privacy obligations in their own country that are similar to the IPPs, you may not be able to seek redress in the overseas jurisdiction and the overseas recipient could be subject to foreign laws that compel disclosure to third parties, such as overseas authorities.  Having been informed of the possibility that such disclosures may occur, you consent to that disclosure by undertaking the type of activities specified above which indicate your consent.

How do we store your Personal Information?

Depending on your role and the purpose for which your Personal Information was collected, your Personal Information may be stored in different locations.

For example, if a customer’s Personal Information which is provided directly to a franchisee is unlikely to be disclosed to any party other than the franchisee and its employees, and will be stored securely by the franchisee at the bakery premises.  If a customer’s Personal Information is provided for purpose of placing an order online, it may be stored by us, by the franchisee and by the relevant website referred to above.  The Personal Information of a franchisee’s employee is stored securely by the franchisee at the bakery premises.  If you are a Bakery Operator or Bakery Principal of a franchisee, your Personal Information is stored securely online by Bakers Delight NZ Limited and/or by Bakers Delight Holdings Limited and can be accessed via our Customer Relationship Management, Bakers Delight Portal, Point of Sale, or Business Analytics databases.

The information will be retained for no longer than is required for the purpose(s) for which it may lawfully be used.

Security

We are committed to ensuring the security of your Personal Information and we will take all reasonable steps to protect all Personal Information from misuse, interference, loss, unauthorised access, modification or disclosure, including:

• having a robust 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;
• technological measures, such as computer passwords with Multi Factor Authentication, data back-up, anti-virus and anti-malware software and firewalls; and
• 24×7 cyber-security monitoring and surveillance or networks and server infrastructure via an industry leading Security Operations centre service

We will take all reasonable steps to ensure your Personal Information is accurate and kept up-to-date and complete and is relevant for the purposes for which it may be used pursuant to this Privacy Policy.

Please note that our website does not provide systems for secure transmission of Personal Information across the internet, except where otherwise indicated.  When emailing or providing Personal Information to us via our website, please be aware that there are risks involved in transmitting Personal Information via the internet.  Our website may contain links to other websites.  We have no control over the privacy practices employed at other websites and we accept no responsibility for Personal Information provided via unsecured websites.

We cannot provide a guarantee with respect to the security of your Personal Information and we will not be liable for any breach of security or unintended loss or disclosure of information due to the website being linked to the internet.

Orders submitted through our online ordering service must be paid for by credit card or debit card via a payment facility provided by a third party payment provider that we engage from time to time.  We do not collect or store your credit card or debit card details. By placing an online order with Bakers Delight, you are providing your credit card or debit card information to the third-party payment gateway provider and not to us.  Whilst we have taken reasonable steps to ensure the third-party payment gateway provider will comply with privacy laws, Bakers Delight and its franchisees cannot provide a guarantee with respect to the security of your payment information.  To the extent permitted by law, Bakers Delight and its franchisees are not liable to you for any loss, claim, cost, expense, damages or liability, including but not limited to loss of data, loss of profits, loss of goodwill or any other direct, indirect, special or consequential loss or damage, suffered or incurred by you or any other person as a result of or arising from any breach of security or unintended loss or disclosure of your payment information.

How to access, check or change your Personal Information

Where the Personal Information held by us is easily retrieved, you are entitled:

• To seek confirmation for us that we do in fact hold Personal Information; and
• To have access to that Personal Information.
• If you believe that the Personal Information is not correct, you may request in writing that we correct the information.

If you would like to access any Personal Information held by a franchisee, or request that it is corrected, please contact the franchisee directly.

For all other information privacy requests, including access and correction, please send your request to our New Zealand Privacy Officer by email, mail or fax using the contact details at the end of this Privacy Policy.  We may charge a reasonable fee for making the requested Personal Information available.

Refusal of Access to Personal Information

We may refuse you access to Personal Information if (among other things):

• Disclosing the information would disclose Personal Information about another individual;
• The request is frivolous or vexatious or the information request is trivial;
• The information is not readily retrievable;
• The information does not exist or cannot be found.

We will inform you of our decision, and if refused the reasons why, within 20 days of you making the request.

Protection of Personal Information where a request for access is made

In the event that a request is made to access any Personal Information we hold, efforts will be made to copy or preserve the information until the request has been dealt with and disposed of and, in particular, we will endeavour to retain information relating to the request for at least three months after we respond to a request for disclosure to allow anyone who has requested disclosure to review our decision with the Privacy Commissioner.

We refer to IPP 11 and IPP 12 of the Privacy Act 2020. You acknowledge that you have consented to the potential disclosure of your Personal Information to the entities noted above under IPP11(1)(c) and that any potential disclosure of your Personal Information is made in accordance with IPP 11(1)(a). You therefore acknowledge that we have complied with IPP 12(1) and we refer specifically to subclauses 12(1)(a), 12(1)(c) and 12(1)(e) of IPP12.

Changes to our Privacy Policy

From time to time we may decide to amend or 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 or one of our franchisees have not complied with our obligations pursuant to the Act, or if you have a complaint about the use or disclosure of your Personal Information by us or any of our franchisees, please contact our New Zealand Privacy Officer, our Australian Privacy Officer or a member of our Human Resources department.  We will discuss your concerns with you and take action as necessary to address such concerns which may include contacting us 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 you additional information or advice so that you can understand what happened and how we have dealt with it;
• 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 Privacy Commissioner via an online privacy complaint form which can be found at: https://www.privacy.org.nz/your-rights/complaint-form/

We welcome your questions and comments regarding this Privacy Policy.  If you have any suggestions as to how we may improve our Privacy Policy, please contact the Privacy Officer at Bakers Delight.

Privacy Officer Details

New Zealand

Derek Raux

Regional Manager NZ

Bakers Delight Holdings

Level 1, 293 Camberwell Rd, Camberwell VIC 3124

Telephone: +61 03 9811 6111

Email: privacy@bakersdelight.co.nz