ZAMBRERO GROUP PRIVACY POLICY

The Zambrero Group of companies complies with laws protecting your privacy. The Zambrero Group Privacy Policy is set out in full on our website, and details how the Zambrero Group collects and uses personal information within the business, and how a Zambrero Group customer can access their own personal information.

1. Zambrero Group Privacy Policy

This Privacy Policy applies to the full Zambrero Group, which includes Group Five New Zealand Limited, each New Zealand franchisee from time to time and the Australian corporations Zambrero Pty Ltd ACN 125 085 930, Zambrero Marketing Fund Pty Ltd ACN 159 621 600, Zambrero Australia Finance Pty Ltd ACN 163 980 578, Zambrero Australia Holdings Pty Ltd ACN 163 980 103, Zambrero Property Group Pty Ltd ACN 140 940 521, Project Z Australia Pty Limited ACN 165 443 836, Sam Prince Corporation Pty Ltd ACN 118 678 792, Fresh Mex Sauces Pty Limited ACN 125 843 316, Live Riviere Pty Ltd ACN 130 628 689, Zambrero Queanbeyan Property Group Pty Ltd ACN 145 557 633 and Zambrero Coolangatta Property Group Pty Ltd ACN 145 557 580 and such other associated entities as may be created from time to time (collectively referred to as “Zambrero”, ”Zambrero Group”, “we” or “us”): - Amongst the Zambrero Group and its’ franchisees, each warrant to each other that any personal information collected, has been collected and disclosed in accordance with this Privacy Policy.

Zambrero is committed to protecting your privacy, and respects and upholds your rights to privacy protection under applicable privacy laws. These laws regulate how we collect, hold, use and disclose personal information (as defined in those laws) about you and other individuals.

In New Zealand, Zambrero complies with the Privacy Principles and the other requirements of the Privacy Act 1993.

This Privacy Policy sets out the basis of how and when we collect your personal information, what that information is used for, who uses it, when it may be disclosed to other parties and to whom we may disclose it. This policy includes details on how you can access the personal information that Zambrero holds about you and how to correct your own personal information.

By contacting Zambrero in order to make an enquiry or to place an order for a product or accessing the Zambrero website at wwww.zambrero.co.nz (the “Website”), you are deemed to have read and agree to be bound by this Privacy Policy.

2. Privacy Officer

In accordance with the requirements of the Privacy Act 1993, Zambrero has appointed a Privacy Officier known as the "Zambrero Group Privacy Officer". The Zambrero Group Privacy Officer has statutory obligations to:

  • encourage and ensure Zambrero's compliance with the Privacy Principles;
  • deal with requests made to Zambrero for access to and/or correction of personal information; and
  • work with the Privacy Commissioner on any investigation into Zambrero.

3. What is your personal information?

Personal information means information about an identifiable individual. This may include your name, address, telephone number, email address and profession or occupation. If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.

4. What personal information is collected from you?

Examples of personal information which we may collect from you include, but are not limited to, your name, postal address, delivery and collection addresses, fax, phone number, NZBN and e-mail address. This personal information may also include details of the products which you have purchased from Zambrero, such as the date that you purchased the product and the type of product purchased. If you provide financial information to us, or establish a credit account with us to pay the fees we charge, we collect some additional necessary information, such as a billing address, a credit card number and credit card expiration date, financial institution account details and tracking information from cheques or money orders.

5. How we collect your personal information

Zambrero will collect information directly from you. From time to time information will be collected on our behalf by our franchisees. We collect personal information about individuals in a number of ways, including:

 

  • directly from you when you make a telephone enquiry or place an order for a product over the telephone;
  • directly from you if you send us personal correspondence, such as emails or letters;
  • when you provide information through our Website;
  • when you complete Zambrero’s subscription forms;
  • when you enter competitions/promotions run by us;
  • from third parties such as from credit reporting bodies;
  • from Zambrero related companies;
  • from publicly available sources of information;
  • from third parties, where it is reasonably necessary or normal business practice, so that we can continue to provide you with our products; and
  • from our own records of how you use our products.

We only collect personal information which is necessary for us to conduct our business, to provide and market our products and to meet our legal obligations, or otherwise in accordance with any specific consent given by you.

6. For what purposes do we collect, hold, use and disclose your personal information?

Zambrero uses your personal information so that we can improve and perform our business activities and functions, and to provide you with any products which you may request, or to respond to any query or complaint that you may have. We may also use your personal information to:

  • verify your identity;
  • provide the products you require for which you specifically provided the personal information (for example, to respond to a specific inquiry or to charge your credit card for a purchased product) or for related purposes that would reasonably be expected;
  • administer and manage our services including charging and billing you for those products (as applicable);
  • assist with the administrative, marketing (including direct marketing), planning, product or service development, quality control and research purposes of us and our related bodies corporate, contractors or service providers;
  • inform you of ways that the services provided to you could or have been improved;
  • conduct appropriate checks for fraud;
  • update our records and keep your contact details up to date;
  • provide to third parties who have a bona fide interest in acquiring a franchise or in relation to the sale of our business generally; and
  • maintain and develop our business systems and infrastructure, including testing and upgrading of these systems.

Zambrero may combine any information which it collects from you with information collected by its related companies in Australia and New Zealand. We will not sell or license any of your personal data to third parties for their direct marketing purposes unless we have your express consent to do so.

7. What happens if we cannot collect your personal information?

If you do not provide us with the personal information described above, some or all of the following may happen:

  • we may not be able to provide our products to you, either to the same standard or at all;
  • we may not be able to provide you with information about products which you may want, including information about special promotions;
  • we may be unable to tailor the content of our Websites to your preferences, and your experience of our Websites may not be as enjoyable or useful; or
  • we may not be able to contact you regarding Zambrero promotions which you enter.

8. When we disclose your personal information

In order to deliver the products you require, Zambrero may disclose your personal information to organisations outside Zambrero. Your personal information may be disclosed to these organisations so that we can provide you with the required services or conduct the necessary administrative or marketing function required. These organisations include, but are not limited to, organisations and third party service providers which carry out services on our behalf, including our: customer enquiries;

  • mailing operations;
  • billing and debt-recovery functions;
  • information technology services;
  • installation, maintenance and repair services;
  • marketing, telemarketing and market research; and
  • usage analysis of our Website.

We may disclose your personal information to:

  • any parties necessary to provide the products which you purchase from us, (where applicable);
  • any parties necessary to provide you with access to the Website and external IT service providers to assist in ensuring the security of Zambrero’s computer network is maintained;
  • your authorised representatives or your legal advisers (e.g. when requested by you to do so);
  • credit reporting bodies or fraud checking agencies (where relevant);
  • our related companies;
  • our professional advisers, including our accountants, auditors and lawyers;
  • government and regulatory authorities and other organisations, as required or authorised by law;
  • potential franchisees;
  • if Zambrero is taken over by, or sold to, another company (‘takeover company’), to the takeover company in respect of which you are a customer or a potential customer; and
  • third party competition/promotion hosting agencies. (In these instances, unless otherwise disclosed to the entrant prior to, or at the time of, entering the competition/promotion as normally set out in the competition's or promotion’s terms and conditions any personal information collected about an entrant will be returned to Zambrero).

Zambrero endeavours to take reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.

9. Transfer of personal information outside New Zealand

Your personal information may be shared between Zambrero entities located in Australia and New Zealand. For personal information that we collect in New Zealand, we take all reasonable steps to ensure that the personal information which has been transferred outside of New Zealand will not be held, used or disclosed by the recipient of the information inconsistently with the Privacy Principles or the privacy laws applicable in Australia that provide a comparable level of protection. In addition to holding your personal information in New Zealand we may hold your personal information outside New Zealand. We may also disclose your personal information to entities located outside of New Zealand. These include:

  • disclosing your information to our related bodies corporate;
  • holding your information in our data hosting and other IT facilities; and
  • using and disclosing your personal information in the other countries in which we operate, including disclosing that information to other third parties located in those countries. For a list of countries, please see: www.zambrero.com/locations

10. Direct Marketing and your privacy

Zambrero also collects your personal information for marketing purposes, including e-newsletters, promotions and special offers. Our communications may be sent to you in various forms, including mail, SMS, fax and email, in accordance with applicable laws. If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so.

If you have received marketing information from Zambrero and you wish to stop receiving it, you can contact us (either using the contact details below or the opt-out mechanism detailed in our marketing material), and ask us to stop sending the marketing information. Zambrero will not charge you, or in any way disadvantage you, if you choose to opt out of receiving marketing material.

Zambrero may occasionally provide its’ marketing material to third parties to distribute material on Zambrero’s behalf. Zambrero will not disclose your personal information to a third party for that third party to send you its’ own marketing material unless Zambrero has obtained your consent.

11 Cookies

Our Privacy Policy also applies to our Website at: www.zambrero.co.nz

11.1 Cookies

Like many companies, Zambrero sometimes uses "cookie" technology on its Websites. A “cookie” is a small summary file containing a unique ID number which is stored on your computer by your browser. When you log in, the cookie tells Zambrero whether you've visited the Websites before or if you are a new visitor. The cookie does not obtain any personal information about you or provide Zambrero with any way to contact you, and the cookie does not extract any information from your computer. Zambrero uses the cookie to help it identify the relevant Websites features in which you have the greatest interest, so that it may better personalise your access to the Websites.

If you do not wish to receive cookies, you can set your browser so that your computer does not accept them.

11.2 Links to other websites

The Website may contain links to other sites. Zambrero makes no representations or warranties as to the privacy practices of any site operated by a third party, and is not responsible for the privacy policies of such other sites.

11.3 Security

Zambrero cares about protecting the security of your personal information, and we have implemented security procedures to protect the personal information which you provide to us via our Website. However, no method of transmitting or storing electronic data is ever completely secure, and we cannot guarantee that such information will never be accessed, used, or released in a manner that is inconsistent with this Privacy Policy.

12. Security and Data Quality

We will take all reasonable steps to ensure that your personal information is protected against loss, unauthorised access, use, modification, or disclosure and other misuse. Electronic information is protected by various security measures and access to information and databases is restricted to our staff and contractors who require access to the information in order to perform their roles/responsibilities.

13. How you can access and correct your personal information held by the Zambrero Group

You are entitled at any time to request details and a copy of your personal information held by us by contacting us in writing at the address detailed below. To protect your privacy, Zambrero may require proof of your identity before acting upon your request. Access will be provided unless there is a legal or administrative reason for denying or limiting access, as permitted by the Privacy Act 1993, in which case we will let you know the reason for denial of access.

Zambrero will take reasonable steps to ensure the personal information held by us is accurate, up to date, complete, relevant and is not misleading. Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you). Depending on the circumstances, Zambrero reserves the right to charge you a reasonable administrative fee for access to the personal information. We will not charge for simply making the request and will not charge for making any corrections to your personal information.

If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment then we will attach to the information a statement of the correction sought but not made.

How to contact us

If you would like to contact us or require more information concerning Zambrero’s approach to privacy or how Zambrero handles your personal information, you can write to us as set out below: Attention: Zambrero Group Privacy Officer

Zambrero Group
Suite 2402, Level 24
1 Alfred Street
Circular Quay
SYDNEY NSW 2000
AUSTRALIA

Alternatively, you can email your privacy query directly to the Zambrero Group Privacy Officer as follows:

Zambrero Group Privacy Officer
Email Address: [email protected]
 

14. How do you make a complaint?

If you wish to make a complaint to Zambrero about a possible breach of privacy, please provide full details of your complaint in writing, and send it to the Zambrero Privacy Officer (see contact details above).

If your complaint does not relate to these matters, you must first lodge a complaint with us in writing and provide us with details of the incident so that we can investigate. We will treat your complaint confidentially, investigate your complaint and aim to ensure that we contact you and your complaint is resolved within a reasonable time (and in any event within the time required by the relevant privacy legislation, if applicable).

15. Changes to this Privacy Policy

Zambrero reserves the right to amend this Privacy Policy from time to time. The most current version of this policy will be located on Zambrero’s Website at: www.zambrero.com/privacypolicy, or a copy can be obtained by contacting the Zambrero Privacy Officer.

16. Waiver

If Zambrero delays or does not exercise any of its rights and remedies available to it under this Privacy Policy, that will not be a waiver of that right or remedy.

17. Severability

If any provision of this Privacy Policy is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from this Privacy Policy and the remaining provisions shall continue in full force and effect.

This Privacy Policy was last updated on 21 April 2016.