EAGLE BOYS DIAL-A-PIZZA AUSTRALIA PTY LTD ("EAGLE BOYS")

PRIVACY POLICY

INTRODUCTION

The Privacy Amendment (Private Sector) Act 2000 (Commonwealth) ("the Act") commenced 21 December 2001 and the provisions of the Act apply to impose obligations on the company, its employees, its franchisees and their employees.

Eagle Boys acknowledges the obligations imposed by the Act and supports respect for the privacy rights of those to whom the Act and this policy afford privacy rights.

This policy contains information about the application of the Act to Eagle Boys, its employed staff, its franchisees and their employed staff. 

1                RATIONALE/PURPOSE

The purpose of this privacy policy is to:-

1.1          Identify the implications of the ten National Privacy Principles (NPP's) in the Act upon the present and future collection, use, storage, updating, disclosure and disposal of personal information by Eagle Boys;

1.2          Ensure that business operations, correspondence, communication and marketing strategies of Eagle Boys comply with the ten NPP's; and

1.3          Facilitate day to day administration of Eagle Boys in conformity with the NPP's.

2                GUIDING PRINCIPLES

The ten NPP's which are adopted by Eagle Boys in this policy, are briefly summarised as follows:

2.1          Collection - relates to the collection of personal information by an organisation.  An organisation must only collect personal information where it is relevant to one or more of its primary functions or activities and the way it is collected must be lawful and fair. If possible, information should be collected directly from the individual to whom it relates. 

2.2          Use and Disclosure -  governs how an organisation may use and disclose personal information in its possession.  There are restrictions on the way in which an organisation may use or disclose personal information where that use or disclosure is for a purpose other than the primary purpose for which it was collected. 

2.3          Data Quality -  relates to the quality of the data held by an organisation.   The organisation must take reasonable steps to ensure data is accurate, complete and up to date.

2.4          Data Security -  requires an organisation to take reasonable steps toensure that the personal information it holds is secure, and to destroy and de-identify personal information which is no longer required.

2.5          Openness -  requires an organisation to be open about what personal information it holds and its Policy on the management of personal information.

2.6          Access and Correction -  permits access to and correction of personal information held by an organisation by the individual to whom the personal information relates.  

2.7          Identifiers - prohibits the use of identifiers assigned by a Commonwealth agency such as Medicare and tax file numbers.

2.8          Anonymity -  states that individuals must have the option of not identifying themselves when entering into transactions with organisations, if it is lawful and practicable to remain anonymous.

2.9          Transborder Data Flows -  regulates the transfer of personal information, held by an organisation in Australia about an individual, to someone in a foreign country.

2.10       Sensitive Information -  limits the ability of an organisation to collect sensitive information (i.e. information about an individual’s racial or ethnic origin, political opinions, religious beliefs and so on).

3                POLICY STATEMENT

In this policy Eagle Boys adopts the 10 National Privacy Principles established under the Act relating to the collection, use, disclosure, security, access and disposal of personal information by private sector organisations and accordingly Eagle Boys employed staff, its franchisees and their employed staff must comply with this policy and to that end:

3.1          Personal information sought by Eagle Boys, its employed staff, its franchisees and their employed staff will be collected and thereafter handled in a manner consistent with the primary purpose for which that information was requested.

3.2          Prior to any personal information being obtained the person from whom it is obtained must be advised what information needs to be collected, the reason or purpose for which it is being collected, to whom the information will be disclosed and the consequences which will flow from non-disclosure.  These will be achieved by use of a Privacy Notice either oral or written (see Annexure A).

4                RESPONSIBILITY

The employed staff of Eagle Boys, its franchisees and the employed staff of each franchisee will be expected to:-

4.1          Comply with this policy;

4.2          Take part in in-servicing on this policy;

4.3          Support the principles of privacy (as enshrined in the NPP's) and the need for confidentiality.

5                COLLECTING INFORMATION

5.1          Personal information collected from the various sources listed below will be collected for the primary purpose set out below and anything incidental to that purpose:-

5.1.1                       Customers

The personal information collected from customers may include telephone number, including mobile number, details of email address, details of credit cards used for payment and other information provided by the customer.  The primary purpose for which this personal information is used by Eagle Boys is to allow for and process telephone or online ordering of our products and the delivery of those products, to facilitate participation of customers in marketing, promotions, competitions and the like, and to allow Eagle Boys to conduct surveys and research of customers to determine levels of customer satisfaction and ways in which Eagle Boys can improve its services to its customers.

5.1.2                       Applicants for Franchise

Personal information collected from Applicants for a franchise include telephone contact details, address, postal address, email address, fax number, details of bank, references, past employment history, educational qualifications and experience.  This information will be used to allow Eagle Boys to assess the application for the franchise and to notify the Applicant of the result of the application.  This information will be retained only for the period necessary to allow consideration of the application and in the case of an unsuccessful application the material will be returned to the Applicant within 30 days after notification of the result of the application.  No personal information will be retained by Eagle Boys relating to such application except the name, telephone number and postal address of the Applicant.  In relation to successful applications, copies of all material and personal information collected from the Applicant for the purposes of assessment of the application will be retained by Eagle Boys and will be the subject of agreement between Eagle Boys as Franchisor and the Applicant as Franchisee.

5.1.3                       Applicants for Employment

Personal information collected from Applicants for employment include telephone contact details, address, postal address, email address, fax number, references, past employment history, educational qualifications and experience.  This information will be used to allow Eagle Boys to assess the application for employment and to notify the Applicant of the result of the application.  This information will be retained only for the period necessary to allow consideration of the application and in the case of an unsuccessful application the material will be returned to the Applicant within 30 days after notification of the result of the application.  No personal information will be retained by Eagle Boys relating to such application except the name, telephone number and postal address of the Applicant.  In relation to successful applications, copies of all material and personal information collected from the Applicant for the purposes of assessment of the application will be retained by Eagle Boys and will form part of the employee records relating to the successful Applicant for employment.  In relation to employee records see paragraph 7 below.

6                METHOD OF COLLECTION

A Privacy Notice must be provided for the person (for example, prospective employees (see Annexure A), applicants for a franchise (see Annexure B), or customers (see Annexure C)) at the time of collection.  If the collection is per phone then the Notice may be read to the person providing the information.  This notice must address the following:-

6.1          Eagle Boys' identity is the collector of the information;

6.2          Access arrangements;

6.3          Purpose of collection;

6.4          Usual recipients of information;

<6.5          Any legal requirements; and

6.6          Consequences of failing to provide information in the request.

Personal information will generally be collected from prospective employees and Applicants for a franchise by way of written forms filled out or written material provided by those persons to Eagle Boys.  In the case of customers, personal information will usually be collected by and during a telephone call. 

7                EXCEPTION IN RELATION TO EMPLOYEE RECORDS

Eagle Boys is not bound by the NPP's, and this Privacy Policy does not apply, in relation to employee records. 

8                USE OF INFORMATION

Personal information must only be used and disclosed for the primary purpose for which it was collected.

9                SHARING INFORMATION ACROSS THE EAGLE BOYS' ORGANISATION

Each store being legally related to Eagle Boys, is authorised to share personal information already collected with other entities in the Eagle Boys network.  This allows for the transfer of personal information between them when such transfer of information is incidental to the primary purpose for its collection.

10            DISCLOSURE OF INFORMATION

10.1       At the time of collection Eagle Boys will tell the individual to whom it usually discloses personal information.  This may include members of the staff of Eagle Boys or a store of Eagle Boys who need to know the information to facilitate the primary purpose for which the information was collected.

10.2       The consent of the individual who has provided the personal information should be sought and obtained before using or disclosing the information for a purpose other than the primary purpose for which it was collected.

11            SENDING INFORMATION OVERSEAS

No personal information about an individual will be sent outside Australia without first obtaining the consent of the individual, and ascertaining that the country to which the information is to be senthas laws similar to the National Privacy Principles.

12            MANAGEMENT AND SECURITY OF PERSONAL INFORMATION

Eagle Boys and its employees and its franchisees and their employees are required to respect the confidentiality and privacy rights of individuals in respect of whom Eagle Boys has collected personal information.

Eagle Boys will develop and have in place procedures to protect the personal information held from misuse, loss, unauthorised access, modification or disclosure by use of various methods, including locked storage of paper records and password access rights to computerised records.

13            UPDATING PERSONAL INFORMATION

Eagle Boys will develop and have in place procedures to ensure the personal information held is accurate, complete and up to date.  A person may seek to update his/her personal information held by Eagle Boys at any time.  The NPP's as adopted by Eagle Boys, require personal information to be stored only as long as necessary.

14            PERSONAL ACCESS TO PERSONAL INFORMATION

Under the Act, an individual has the right to obtain access to any personal information held about him/her and to advise Eagle Boys of any perceived inaccuracy.  There are some exceptions to this right set out in the Act.  To the extent that Eagle Boys holds personal information concerning children, then those children will generally have access to their personal information through their parents or guardians.

A fee may be charged to cover the time taken in location, retrieval, review and copying of any material requested. 

There will be occasions when access is denied.  Such occasions may include where release of the information would have an unreasonable impact on the privacy of others, or where the release may result in a breach of the duty of care.  Reasons will be provided for the refusal of access.

Any person applying for access to their personal information should make the initial request in writing to Janet Sarquis, Privacy Officer.  Applicants will need to verify identification and specify what information they require to access.

15            TRAINING

Eagle Boys will make staff aware of this policy on an annual basis.

16            COMPLIANCE

Each store must keep a record of the annual training of its staff on this policy, and those records must be produced for inspection annually by a representative of Eagle Boys.

17            REVIEW

This policy will be reviewed at least every three (3) years.

18            POLICY BREACH

A person who considers that any action by Eagle Boys breaches this Privacy Policy or the National Privacy Principles can make a complaint.  The complaint needs to be in writing and needs to setout in detail the reasons for the complaint.  Complaints are to be made to the relevant Store Manager or to Eagle Boys National Office via email to inquiry@eagleboys.com.au or by post to 21 Buchanan Street, West End QLD 4101.

If a person is not satisfied with the response to the complaint, he/she can contact the Commonwealth Privacy Commissioner's Hotline on 1300 363 992.