Privacy

Raw Energy Privacy Policy

Raw Energy Headquarters Pty Ltd ACN 147 406 111 (referred to as “we”, “us” or “our”) and its related entities (including, but not limited to, Raw Energy Franchising Pty Ltd ACN 104 764 258, Raw Energy Leasing Pty Ltd ACN 169 471 792 and Colour Capital Pty Ltd ACN 151 395 265) “together, Raw Energy” are committed to protecting the privacy of Personal Information in accordance with the Australian Privacy Principles pursuant to the Privacy Act 1998 (Cth) (“the Act”), we also comply with the General Data Protection Regulations (“GDPR”) for all individuals that reside in the European Union and access our website.

This Privacy Policy sets out the way we handle Personal Information and includes information on how we collect, use, disclose, keep secure and provide you with access to your Personal Information, whether provided to us via our stores, head office, this website or other means.

“Personal Information” has the same meaning given under the Act  and includes any information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained from the information or opinion.  Your name, address, date of birth, gender, home address, email address, telephone number and employment details are examples of Personal Information.  Personal Information may also include information we may collect about your individual preferences.

We do not collect Sensitive Personal Information (subject to the sections below titled “Employment Applications and “Franchise Applications”).

“Sensitive Personal Information” has the same meaning as defined in the Act.

Interpretation

In this Privacy Policy, unless the context requires a different interpretation:

  • a singular word includes the plural and vice versa.
  • a word which suggests one gender includes the other gender.
  • if a word or phrase is defined, its other grammatical forms have a corresponding meaning.
  • a reference to a party to this Terms of Use or any other document or agreement includes the party’s successors, permitted substitutes and permitted assigns.
  • a reference to a person includes a corporation, trust, partnership, unincorporated body, government, governmental agency, local authority, statutory body, or other entity whether or not it comprises a separate legal entity.
  • a reference to a clause, schedule, annexure or party is a reference to a clause of, and a schedule, annexure or party to, this Privacy Policy and references to this Privacy Policy include any schedules or annexures.
  • a reference to a document or agreement (including a reference to this Privacy Policy) is to that document or agreement as amended, supplemented, varied or replaced.
  • a reference to legislation or to a provision of legislation (including subordinate legislation) is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it.
  • if any day on or by which a person must do something under this Privacy Policy is not a business day, then the person must do it on or by the next business day.
  • a reference to a year or a month means a calendar year or calendar month respectively.
  • a reference to a time means eastern standard time.
  • the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “such as” or similar expressions.
  • headings, footnotes and contents are for convenience only and do not affect the interpretation of this document.

Notice to Parents and Children

We are concerned about the protection of online privacy for all our website users. We are particularly respectful of the privacy of our young users. We encourage parents to monitor their children’s use of the internet and to help us protect their privacy by instructing them never to provide Personal Information on this site or any other without permission. We will never attempt to extract unnecessary information from our users, regardless of age.

Collection of Personal Information by Raw Energy

We will only collect Personal Information from you that we reasonably require for one or more of our business functions or activities and will do so in accordance with the Australian Privacy Principles and the GDPR (where necessary).

The kinds of Personal Information we may collect from you is used for our legitimate interests, namely monitoring and improving our website and services and providing you with our services and products. Some of the Personal Information we collect may include, among other things:

  • Personal Information you provide us when you participate in a promotion, competition, promotional activity, survey, market research or customer behavioural activity, subscribe to our mailing list or interact or follow our social media pages including Facebook, Twitter and Instagram.  This information may include, for example, your name, postal address, email address, telephone number, date of birth, age and occupation;
  • Personal Information you provide us via our stores or head office or when you place an order in store, by telephone or via our mobile or electronic ordering system. This information may include, for example, your name, postal address, email address, telephone number, date of birth, age, menu preferences and previous order information, IP address and credit card details;
  • If you are applying for a position with Raw Energy, we will collect information as outlined in the section below titled “Employment Applications”;
  • If you are applying to become a Raw Energy franchise, we will collect information as outlined in the section below titled “Franchise Applications”;
  • As you navigate through our website and access our mobile applications, certain information can be passively collected (i.e. gathered without you actively providing the information) using various technologies such as cookies, internet tags or web beacons, and navigational data collection (log files, server logs and clickstream data). For example, we may collect information about matters including but not limited to the date, time and duration of visits and which pages of our website are most commonly accessed. This information is generally not linked to the identity of visitors, except where a website or mobile application is accessed via links in an email we have sent or where we are able to uniquely identify the device or user accessing our website or mobile application; and
  • We may combine your anonymous or personal visitor session information or other information collected through tracking technologies with other Personal Information collected from you from time to time to understand and measure your online experiences and to determine what products, promotions and services are likely to be of interest to you. By accessing a website or mobile application via links in an email we have sent and/or by accessing a website or mobile application where you have identified yourself, you consent to the collection of such information where it is Personal Information.

In some circumstances, we may collect Personal Information from third parties such as credit reporting agencies or marketing agencies.  Where we do, we will ensure that we act in accordance with relevant Australian laws.

With the exception of when you apply for a position with Raw Energy or to become a franchisee, we will not collect Sensitive Personal Information about you unless you have consented to such collection or the collection is required by law.

Employment Applications

Generally, the type of Personal Information we collect about applicants is the information included in your application for employment, for example, your name, postal address, telephone number, email address, education details, employment history and other information relating to your work experience.

In considering your application, we may also obtain Personal Information about you from third parties, for example, from your previous employers or nominated referees.  Subject to your consent, we may also collect Sensitive Personal Information about you such as information about your health (including any disability) or any criminal record you may have.

We collect Personal Information for any one or more of the following purposes:

  • assessing you for a position with us or one of our related entities;
  • assessing whether you are suitable to progress to each stage of the recruitment process for a vacant position; and
  • storing your information for future employment opportunities.

If you do not provide us with the information we request, we will be unable to do one or more of the above.

We may disclose your information to:

  • referees or previous employers;
  • recruitment agencies or agencies or contractors acting on our behalf;
  • our related entities;
  • law enforcement agencies to verify whether you have a criminal record; or
  • educational organisations to the extent necessary to verify your qualifications.

If we engage third party contractors to perform services for us which involves handling Personal Information, we will take reasonable steps to prevent the contractor from using the Personal Information except for the purpose for which it was supplied.

Franchise Applications

Generally, the type of information we collect about franchise applicants is the information included on the Raw Energy Franchise Application Form, for example, your name, postal address, telephone number, email address, education details, residency status, employment history, financial capacity and other information relating to your qualifications and experience.

In considering your application, we may also obtain Personal Information about you from third parties, for example, from your previous employers, business contacts or nominated referees.  Subject to your consent, we may also collect Sensitive Personal Information about you such as information about any criminal record you may have or your membership of any professional or trade association.

We collect Personal Information for any one or more of the following purposes:

  • assessing your application to become a Raw Energy franchise;
  • assessing whether you are suitable to progress to each stage of the Raw Energy franchise recruitment process; and/or
  • storing your information for future Raw Energy franchise opportunities.

If you do not provide us with the information we request, we will be unable to do one or more of the above.

We may disclose your information to:

  • referees or previous employers;
  • our related entities;
  • law enforcement agencies to verify whether you have a criminal record; or
  • educational organisations to the extent necessary to verify your qualifications.

If we engage third party contractors to perform services for us which involves handling Personal Information, we will take reasonable steps to prevent the contractor from using the Personal Information except for the purpose for which it was supplied.

How we store your Personal Information

Where we store your Personal Information depends on what interaction you have had with us. However, some areas may include:

  • Databases for processing customer enquiries or feedback; or
  • Email or SMS databases for marketing communications.

We take reasonable steps to protect your Personal Information from loss and unauthorised access. Unfortunately, no data transmission over the Internet is guaranteed to be completely secure. Accordingly, although we strive to protect such information, we do not warrant the security of any information you transmit to us or from our online services and you use these services at your own risk.

If a substantial data breach has or may have occurred (for example, your Personal Information was shared with unauthorised persons) we will notify you as soon as is practicable and the Office of the Australian Information Commissioner about that actual or possible breach.
We only keep your Personal Information for as long as it is required for the purpose for which it was collected or as otherwise required by law. We will take appropriate measures to destroy or permanently de-identify your Personal Information if we no longer need to retain it. These measures may vary depending on the type of information concerned, the way it was collected and how it was stored.

How your Personal Information will be used

We collect your Personal Information so that we can use it for our functions and activities and provide products and services to you, which include, among other things:

  • processing orders you place with us in our stores or via our electronic or mobile ordering system, providing you with email or SMS confirmation of your orders, providing you with our products and processing refunds where applicable;
  • administering and responding to your enquiry or feedback about our products;
  • conducting, and allowing you to participate in, a promotion, competition, promotional activity, survey or market research;
  • promoting and marketing current and future products and services to you, informing you of upcoming events and special promotions and offers and analysing our products and services to improve and develop new products and services;
  • assisting you with remembering and re-ordering from our menu in future;
  • administering and conducting traineeships;
  • facilitating our internal business operations, including fulfilment of any legal and regulatory requirements;
  • improving the operation or navigation of our websites;
  • processing and considering your employment application and conducting reference checks (refer to Employment Application section above); and
  • providing information that you request about our franchises and processing and considering your franchise application and conducting record checks (refer to Franchise Application section above).

We may also use your Personal Information for other purposes not listed above which will be made clear to you at the time we collect your Personal Information, or for such purposes as may be required or permitted by law.

If Raw Energy uses or discloses your Personal Information for the purposes of direct marketing, you may request not to receive direct marketing communications from us or our related entities. We will stop sending direct marketing communications to you within a reasonable period after your request is made (usually within 5 business days from receiving your request).
Disclosure of Personal Information to third parties

We may disclose Personal Information we collect from you:

  • to our related entities and any member of our group companies, suppliers, consultants, contractors or agents insofar as reasonably necessary for us to provide our services to you.or for other purposes directly related to the purpose for which the Personal Information is collected;
  • to relevant federal, state and territory authorities for investigating a food safety or health issue;
  • to our insurers and/or professional advisors insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure;
  • to Raw Energy franchisees if you have made an enquiry or complaint relating to a store that is owned and operated by one of our franchisees;
  • to others that you have been informed of at the time any Personal Information is collected from you;
  • In addition to the specific disclosures of Personal Information set out in this section, we may disclose your Personal Information where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your Personal Information where such disclosure is necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure; and
  • with your consent (express or implied) to others.

Some of our related entities and third-party goods and services providers are located overseas (including but not limited to the [not sure if we need this). Our agreements with these parties generally include an obligation for them to comply with Australian privacy laws. Whilst Raw Energy will take all reasonable care to ensure that overseas providers will handle your Personal Information securely, you acknowledge that by agreeing to the disclosure of your Personal Information to these overseas entities for the purposes stated above, Raw Energy will not be held accountable for any breaches of the Australian Privacy Principles by an overseas recipient.
International Transfers of your Personal Information

We do not intend to transfer your Personal Information to a third country or international organisation unless you instruct us to disclose, whether in writing or verbally, information which contains your Personal Information to an overseas party.

You acknowledge that Personal Information that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such Personal Information by others.

Retaining and Deleting Personal Information

This section sets out our data retention policies and procedures, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of Personal Information.

Personal Information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

Notwithstanding the other provisions of this section, we may retain your Personal Information where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

External Links and Recommendations

This Website may contain links to other sites and recommendations. Unless We expressly state otherwise, we make no representations whatsoever concerning the content of those sites and anything it refers to and whether the information and services they provide is accurate and true.

The fact that We have provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are risks associated with using any information, software, or products found on the Internet, and We caution You to make sure that You understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. In addition, we encourage our users to be aware when they leave our site to read the privacy statements of each and every website that collects personally identifiable information. These other sites may collect or solicit personal data or send their own cookies to your computer. Please be aware that we are not responsible for the privacy practices of other websites.

You may not create a link to this site that incorporates or relies upon, in whole or in part, any content from any page on this Website, or that incorporates any copyrighted or otherwise intellectual property of us without our written permission.

Managing Cookies

Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

Blocking all cookies will have a negative impact upon the usability of many websites.

If you block cookies, you may not be able to use all the features on our website.

Access to Personal Information, Correction and Your Rights

We aim to ensure that any information we obtain from you is accurate.  You can request access to your Personal Information or advise us of any required correction and information which you believe to be inaccurate by forwarding a request to privacy@colourcapital.com.au.

Your principal rights under data protection law are:

  • the right to access;
  • the right to rectification;
  • the right to erasure;
  • the right to restrict processing;
  • the right to object to processing;
  • the right to data portability;
  • the right to complain to a supervisory authority; and
  • the right to withdraw consent.

The exceptions under the Australian Privacy Principles which affect your right to access your Personal Information we hold about you include the following:

  • access would pose a serious threat to the life or health of any individual;
  • access would have an unreasonable impact on the privacy of others;
  • a frivolous or vexatious request;
  • the information relates to a commercially sensitive decision making process;
  • access would be unlawful or denying access is required or authorised by law;
  • access would prejudice enforcement activities relating to criminal activities and other breaches of law, public revenue, a security function, or negotiations with the individual; and
  • legal dispute resolution proceedings.

To ensure the integrity and security of your Personal Information, Raw Energy will only disclose such Personal Information if our internal procedures are satisfied. To make a request to access Personal Information we hold about you, please contact us in writing. We will require you to verify your identity and to specify what information you require. We may charge a fee to cover the cost of verifying the application and locating, retrieving, reviewing and copying any material requested. If the information sought is extensive, we will advise the likely cost in advance and can help to refine your request if required.

Although we are committed to ensuring that at all times there is strict adherence to the Australian Privacy Principles, in the event that you are dissatisfied in any way with the collection, use, storage and/or disclosure of your Personal Information or believe that there has been a breach of the Australian Privacy Principles, we invite you to contact us as soon as possible. We have appointed an internal Privacy Complaints Manager (who is also our Privacy Officer) to whom your complaint or any queries may be directed by email at privacy@rawenergy.com.au.

All complaints are to be made in writing to Raw Energy at privacy@rawenergy.com.au or PO Box 830, Cotton Tree, QLD, 4558. Raw Energy is then allowed a reasonable time (within 30 days) to respond to complaints. We may ask you to participate in a dispute resolution scheme (such as mediation) to resolve your complaint.

If you are not satisfied with our response, you can write to “Privacy Complaints Manager, Raw Energy Franchising Pty Ltd, 1/81 Sixth Avenue, Maroochydore, QLD, 4558”.  If you are not satisfied with the manner in which we deal with your complaint, you may refer it to the Office of the Australian Information Commissioner (“OAIC“).  You can contact OAIC by:

Amendments

We may update this policy from time to time by publishing a new version on our website. You should check this page occasionally to ensure you are happy with any changes to this policy. We may notify you of changes to this policy by email if we feel it is reasonably necessary.

Copyright Information 

All material on this webpage, unless otherwise stated, is our property. These materials are protected by copyright and other intellectual property laws. Information received through this Website may be displayed, reformatted, and printed for your personal, non-commercial use only. You may not reproduce or retransmit the materials, in whole or in part, in any manner, without Our prior written consent.

Disclaimer of Warranties and Liabilities

We cannot and do not warrant the accuracy, completeness, currency, non-infringement, or fitness for a particular purpose of the information available through this Website, nor do we guarantee that this Website will be error-free or continuously available.

Our Details

You can contact us by clicking on the ‘contact us’ link on our website or you can use the details provided below:

Sunshine Coast

Phone: (07) 5444 1099

Address: 1/81 Sixth Avenue, Maroochydore, QLD, 4558 or PO Box 830, Cotton Tree, QLD, 4558

Email: privacy@rawenergy.com.au

Data Protection Officer

Our data protection officer’s contact details are privacy@rawenergy.com.au.

 

© Raw Energy Franchising Pty Ltd 2018