Privacy Policy
E-YES PRIVACY POLICY
PRIVACY POLICY STATEMENT
This Privacy Policy sets out the policy of E-YES and each E-YES franchisee (together ‘we’, ‘us’ or ‘E--YES') with respect to the way we obtain, use and disclose information about you, including through our website at https://www.e-yes.com.au/. We adopt and are bound by the Australian Privacy Principles (‘APPs’) contained in Privacy Act 1988 (Cth) (‘the Act’).
We understand and appreciate that you are concerned about privacy, particularly in relation to the use and disclosure of Personal Information. We are committed to providing a high level of privacy in relation to all Personal Information that is collected by us.
This Privacy Policy covers Personal Information collected, used and disclosed by us or our franchisees about you, if you are one of the following:
- a customer;
- a franchisee or a prospective franchisee;
- a supplier engaged by us or a partner collaborating with us;
- an independent contractor or an employment applicant; and
- an employee, except where the use or disclosure is directly related to the relationship between us as employer and you as the employee and relates to an “employee record” about you as a present or past employee.
What is Personal Information?
“Personal Information” is information or an opinion about you as an identified individual or an individual who is reasonably identifiable, whether or not the information or opinion is true and whether or not it is recorded in a material form.
“Sensitive Information” is information about an individual’s health (including predictive genetic information), racial or ethnic origin, political opinions, membership of a political association, professional or trade association or trade union, religious beliefs or affiliations, philosophical beliefs, sexual orientation or practices, criminal record, biometric information that is to be used for certain purposes and biometric templates.
What Personal Information do we collect from you?
The types of Personal Information collected by us may differ, depending on whether you are a customer, a franchisee, supplier, employee or independent contractor.
Generally, the Personal Information collected by us includes your name, address, telephone numbers, facsimile number and email addresses.
If you are a commercial customer, we also require company details, including ABN and/or ACN. Where you seek to purchase goods or services on credit, we may seek further information from you. If you elect to pay by credit card, we engage the services of gateway providers and we do not collect or store your bank account or credit card details. If you elect to pay by credit card over the phone, we will retain your credit card details securely onsite for the purpose of payment for your Order. Upon payment, the credit card details are destroyed.
From our employees and/or prospective employees, and in relation to our franchisees’ employees, we collect several types of information, including, but not limited to, employment status, gender, bank account details, emergency contact details, qualifications, previous employment details, driver’s licence numbers, car registration numbers, driving record, 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. Some electronic devices require the collection of biometric data, such as fingerprints or iris scans for access. This may in the future be extended for access to building premises.
From our franchisees we gather similar information to that obtained from employees as set out above, where relevant. We also require company details including ABN and/or ACN, financial information including, bank account and credit card details, budget information, profit and loss statements, balance sheets, sales data and other business related information which may contain Personal Information.
From time to time, photos may be taken and used for marketing and promotional purposes which may include images of customers, franchisees and employees who may be able to be identified.
We do not otherwise collect Sensitive Information.
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 provide the goods and services requested by you.
How do we collect your Personal and Sensitive Information?
We collect Personal and Sensitive Information in a number of ways, including:
- from you when you make a general or specific telephone or online enquiry, open an account with us, purchase our goods and services or conduct any other business transaction with us;
- from you when you provide us with such information to us via our website, application forms, feedback forms, agreements or any other document provided by you to us and when you subscribe to our newsletter or agree to receive electronic direct mail or text messages from us;
- from third parties. If you are a prospective franchisee or employee, we may obtain information from your former employers, suppliers, customers, credit reporting agencies, recruitment agencies, insurers and insurance brokers, referees nominated by you, or your representatives;
- by visiting or subscribing to any website or social media site established by us, including but not limited to Facebook, LinkedIn, Instagram and YouTube (“Social Media Sites”)
- from publicly available sources of information; and
- through analysis of the Social Media Sites conducted by us or by third parties on our behalf; and
- from our own records.
When you look at our website, we may use tracking technologies such as cookies to make a record of your visit by logging your internet protocol address, the date and time of your visit to our site, the pages that you have accessed and the type of browser you were using. We use these for statistical purposes and for the purposes of marketing and advertising to you. This type of statistical information and cookies do not identify you. Most web browsers are set to accept tracking technologies such as cookies. If you do not wish to receive any cookies you may set your browser to refuse them. However, your experience on our website may be affected.
Primary purposes for which we use and disclose your Personal Information
The primary purposes for which your Personal Information will be used and disclosed are to enable us to:
- provide you with the goods and services requested by you; and
- carry out our functions as your franchisor or employer (to the extent applicable to you).
These purposes generally include:
- enabling us to provide you with goods and services requested by you;
- providing quality assurance for our goods and services;
- responding to your enquiries and feedback regarding our business and our goods and services;
- monitoring the performance of our business and our franchisees and our contractors and employees, including by requesting that you participate in customer satisfaction surveys;
- marketing including email marketing and text messaging, promotional activities relating to our goods and services;
- enforcing the terms and conditions of our engagement with you;
- for the management of our database; and
- ensuring compliance with statutory obligations.
In relation to the Personal Information of franchisees or prospective franchisees, the primary 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, including but not limited to, ensuring you are complying with the terms and conditions you have with your customers and suppliers;
- providing franchisee support;
- to comply with disclosure requirements under the Franchising Code of Conduct; and
- all things of or incidental to carrying out our role as a franchisor.
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 goods 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.
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 shared by you on Social Media Sites is generally disclosed in accordance with the terms and conditions and privacy policies of such Social Media Sites.
Generally, photos and other material shared on Social Media Sites will be able to be viewed by the general public. Such material may be shared by others repeatedly and will be visible by anyone visiting the locations to which the material has been shared. You may be able to remove the material that you have shared from the location at which you shared it. However, any material that has been re-shared will be out of our control and neither you nor we will be able to remove it from any subsequently shared location. We are not responsible for any material that has been shared by you.
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.
Consent to Use and Disclosure for Secondary 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.
You do, however, consent to our collection, use and disclosure of your Personal Information in the following ways:
- some Personal Information of franchisees, franchisees’ sales information and profit and loss statements, financial results information being disclosed to other franchisees;
- prospective franchisees and 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;
- to third party consultants who may from time to time develop, upgrade or manage all or part of our database, computer systems, internet site and Social Media Sites;
- to third parties 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;
- of or incidental to a sale of all or part of our business, to prospective purchasers and their legal and accounting representatives; and
- as required by law.
Cross Border Disclosure
We do not actively disclose your Personal and Sensitive Information overseas. As our business grows, we may use some programs, software, online tools, that may be based in and/or housed overseas.
We do not actively disclose your Personal Information overseas. However, we use programs, software, online tools, or Social Media Sites that may be based in and/or housed overseas. Our use of such products may involve disclosure of your Personal Information to such organisations overseas. In using such products, we will take all reasonable steps to ensure all privacy settings are set to the highest possible level of confidentiality and privacy. However, use and disclosure of your Personal Information by such overseas organisations is generally 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).
|
Product/website |
Country of disclosure |
Link to Privacy Policy |
|
MailChimp |
USA |
|
|
WebFirm |
Australian based. Overseas disclosure not clear from privacy policy |
|
|
World Manager |
USA and Canada |
|
|
IFX – Go Intranet |
USA |
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 APPs in relation to the disclosed information, we will not be liable under the Privacy Act and you will not be able to seek redress under the Privacy Act. The overseas organisation may not be subject to any privacy obligations in their own country that are similar to the APPs, 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.
Security
We are committed to ensuring the security of your Personal Information and we will take all reasonable steps to protect this 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; and
- technological measures, such as computer passwords, data back-up, anti-virus software and firewalls and up-to-date software.
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.
You must ensure your username and password applicable to our online shop kept secret. We cannot be held liable where you have not kept your username and password strictly confidential.
Destruction or de-identification
Some Personal Information may be stored for a period of time after our relationship with you has ended, if we are required to retain such information for legal purposes. When your personal information is no longer required, it will be deleted or de-identified securely.
How to check or change your details
If you wish to view the Personal Information we hold about you, please send your request to our Privacy Officer by email or mail using the contact details at the end of this Privacy Policy. A fee may apply for such access. If we deny your request for access, we will let you know why.
If you wish to amend the Personal Information because it is inaccurate, out of date, incomplete, irrelevant or misleading, or if you wish your Personal Information to be deleted, please contact our Privacy Officer. If we refuse to comply with your request, we will let you know why. If you disagree with our decision to amend or delete your personal information, you may request that we attach a note to the information stating that you disagree.
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 have not complied with our obligations pursuant to the Act, or have a complaint about the use or disclosure of your Personal Information by us or any of our franchisees, please contact our Privacy Officer. 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: http://www.oaic.gov.au/privacy/making-a-privacy-complaint.
We welcome your questions and comments regarding this Privacy Policy.
Contact Details
E-YES
Address: 246 William Street, Northbridge, Perth, Western Australia
Email: privacy@e-yes.com.au