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.
What is Personal Information?
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.
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.
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.
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:
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:
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:
In relation to the Personal Information of franchisees, the purposes include those mentioned above and the following:
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.
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:
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.
|WIX.com Ltd||USA, Israel, Ireland, South Korea, Taiwan||https://www.wix.com/about/privacy|
|Task Software||Australia, USA and Poland||https://tasksoftware.com.au/privacy-policy|
|Campaign Monitor||Australia, USA and other countries||https://www.campaignmonitor.com/policies/#privacy-policy|
|Zoho||USA, China, India, Mexico, Singapore,UAE, Japan, The Netherlands||https://www.zoho.com/privacy.html|
|Sprout Social||USA, Ireland and other countries where their group of companies and third-party service providers operate||https://sproutsocial.com/privacy-policy/|
|Smartsheet||USA and other countries where their group of companies and third party service providers operate||https://www.smartsheet.com/legal/privacy|
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.
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:
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:
If you would like to access any Personal Information held by a franchisee, or request that it is corrected, please contact the franchisee directly.
Refusal of Access to Personal Information
We may refuse you access to Personal Information if (among other things):
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.
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:
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/
Privacy Officer Details
Regional Manager NZ
Bakers Delight Holdings
Level 1, 293 Camberwell Rd, Camberwell VIC 3124
Telephone: +61 03 9811 6111