Privacy – COBS Club
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.
- franchisees or prospective franchisees;
- suppliers or prospective suppliers; and
- independent contractors or any person who applies to become an employee or independent
- employees, 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.
- by providing us with your personal information in relation to a competition, complaint or for any other reason;
- by making inquiries 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 inquiry;
- 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
- 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?
Personal Information does not include an “employee record”. An “employee record” is a record of personal information relating to the employment of the employee. This includes health information and personal information relating to the:
- engagement, training, disciplining of an employee,
- resignation or termination of an employee;
- terms and conditions of employment of an employee;
- employee’s performance or conduct;
- hours of employment, salary or wages;
- personal and emergency contact details;
- employee’s membership of professional or trade associations or trade union membership;
- employee’s recreation, long service, sick, personal, maternity, paternity and other leave; and
- employee’s taxation, banking and superannuation affairs.
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 and email addresses.
From our franchisees, we also require company details including business number and incorporation 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
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. As an employee, your photo may be used within Bakers Delight to identify you, including by being electronically attached to our 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.
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 inquiry including but not limited to when you enter a competition or lodge a complaint;
- 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;
- 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 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 inquiry.
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 protocoin rl 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 recognize 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 COBS Bread 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.
How do we use your Personal Information?
We will 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 inquiries 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 our engagement with you;
- for the management of our database; and
- ensuring compliance with statutory 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;
- 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.
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 inquiries, complaints, or if you win a competition.
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.
How is your Personal Information disclosed by COBS Bread?
Your Personal Information and your employees’ information may be disclosed to us as franchisor and to third parties as necessary to facilitate 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. You do, however, 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;
- franchisees’ details may be provided to charity organisations including Breakfast Club of Canada which are supported by us and our franchisees or which have requested sponsorship
via an online enquiry;
- being shared with the COBS Bread network of franchisees via the COBS Bread Portal and other electronic means. This means Personal Information of COBS Bread employees will be
viewable by all franchisees and their employees;
- Personal Information of including but not limited to names, contact details, photos of employees 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;
- 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;
- 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 AMEX to facilitate a corporate credit card, and to Aeroplan to set up an Aeroplan membership (where relevant);.
- Employees’ Personal Information will be submitted to the superannuation fund nominated by each employee; and as required by law.
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 New Zealand, Australia and/or United States of America to enable us to carry out our functions as parent company or related entity of Bakers Delight (NZ) Ltd, , Bakers Delight (AUS), BD Canada Ltd and BD US Inc (“Bakers Delight Overseas Entities”). The Bakers Delight Overseas Entities are the companies through which Bakers Delight operates in Australia, New Zealand and COBS BREAD in the United States of America and Canada. We take reasonable steps to ensure that your Personal Information is dealt with by the Bakers Delight Overseas Entities in accordance with the PEPIDA’s including by advising the Bakers Delight Overseas Entities of their requirements under PIPEDA, and providing training in that regard.
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, unauthorized 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.
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.
How to unsubscribe from our direct marketing
In each email or piece of marketing material that you receive from us, we will endeavour to attach simple instructions on how you can immediately unsubscribe from our mailing list. In any event, you can opt out from receiving promotional material by emailing our Privacy Officer and asking to be removed from the mailing list.
If relevant for entry to a competition, you may be asked for additional information which may include images or video.
How to check or change your details
There is a COBS Bread Privacy Officer at our national support office. Our Privacy Officer will ensure that your Personal Information is accurate, complete and up to date and relevant to the purpose for which we are able to use your Personal Information.
If you wish to amend the Privacy 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 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 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 finalize 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.priv.gc.ca/cu-cn/index_e.asp
Privacy Officer Details
210 – 1100 Melville Street
Vancouver, BC V6E 4A6
210 – 369 Terminal Avenue, Vancouver, BC, Canada V6A 4C4
Privacy Officer: Vice President
Telephone: (604) 296-3500
Email: [email protected]