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PRIVACY POLICY

Mr Potato group privacy policy

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

This Privacy Policy applies to the collection of information by any entity in the Mr Potato group of companies. The group includes Mr Potato Marketing Fund Pty Ltd and any other Mr Potato company or agent that collects your information. The group includes all associated entities as may be created from time to time (collectively referred to as "Mr Potato", "Mr Potato Group", "we" or "us").

Mr Potato 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 Australia, Mr Potato complies with the Australian Privacy Principles and the other requirements of the Privacy Act 1988 (Cth).

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 Mr Potato holds about you and how to correct your own personal information.

By contacting Mr Potato to make an enquiry, to join our Loyalty Program, to place an order for a product with any of our restaurants, or by accessing the Mr Potato website at www.mrpotato.net.au or any related mobile application (the "Website"), you are deemed to have read and agreed to be bound by this Privacy Policy.

What is your personal information?

Personal information is any information or an opinion that can be used to identify you. This may include your name, address, telephone number, email address, profession, date of birth, or occupation. If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.

What personal information is collected from you?

a) When you visit the Website or use the Website to make an order from a Restaurant, you may be asked to provide information about yourself, including your name, address, contact details (such as telephone and mobile numbers and e-mail address), and payment information (such as credit or debit card information). We may also collect information about your usage of the Website and information about you from the materials (such as messages and reviews) you post to the Website and the e-mails or letters you send to us. Your telephone calls to us may also be recorded for training and quality purposes.

b) By accessing Mr Potato information and/or the Website using mobile digital routes such as (but not limited to) mobile, tablet, or other devices/technology, including mobile applications, then you should expect that our data collection and usage as set out in this Privacy Policy will apply in that context too.

c) We may collect technical information from your mobile device or your use of the Website or the Service through a mobile device, for example, location data and certain characteristics of, and performance data about, your device, carrier/operating system, including device and connection type, IP address, mobile payment methods, interaction with other retail technology such as use of NFC Tags, QR Codes, or use of mobile vouchers. Unless you have elected to remain anonymous through your device and/or platform settings, this information may be collected and used by us automatically if you use the Website or Service through your mobile device(s) via any Mr Potato mobile application, through your mobile's browser, or otherwise.

d) If you are applying for a position of employment or to be a franchise partner with us, we may collect information provided by you or your referees.

Mr Potato will endeavour to collect information directly from you whenever possible; however, personal information may also be collected on our behalf by our agents. We collect personal information about you in a number of ways, including but not limited to:

  • Directly from you when you make a telephone or online enquiry or place an order.

  • Directly from you when you place an order via the Website.

  • Directly from you if you send us personal correspondence, such as emails or letters.

  • When you provide information and navigate through our Website and or app, including through cookies.

  • When you complete our Loyalty Program application, contact us form, franchise enquiry form, or any other forms.

  • When you enter competitions run by us.

  • When you apply for any positions with us (see more information in "Applications for Employment" below).

  • When you apply to become a franchise partner (see more information in "Franchise Partner Applications" below).

  • From Mr Potato related companies.

  • From publicly available sources of information.

  • From third parties such as credit reporting bodies and marketing agencies, including information you may provide to us using our social media pages.

  • From our own records.

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

Applications for Employment:

a) When you apply for a job with us, most of the personal information we collect about you is the information contained within your application, including your name, address, telephone number, education and employment history, and other information.

 

b) In considering your application, we may also collect personal information about you from third parties such as your previous employers or referees. We may also collect sensitive personal information about you, such as your criminal record. Where we do so, your consent will be sought first.

 

c) The information that we collect in the course of your employment application process will be used to assess your suitability for a position with us (or another Mr Potato Group company), to assess your qualification to move forward in the recruitment process, and/or to store your details for opportunities that may arise in the future.

 

d) Where you do not provide us with the information that we request, we may not be able to assess your suitability for a position or any future openings.

 

e) During the course of your employment application process with us, we may disclose your information to:

  • Your nominated referees.

  • Past employers.

  • Recruitment agencies/contractors acting for you in the employment application process.

  • Other Mr Potato Group companies.

  • Government or other agencies, such as to conduct criminal record checks.

  • Educational organisations, such as to verify your qualifications.

Franchise Partner Applications:

a) When you apply to become a Mr Potato franchise partner, most of the personal information we collect about you is the information contained within your application, including your name, address, telephone number, education and employment history, financial history, and other information.

 

b) In considering your application, we may also collect personal information about you from third parties such as your previous employers and business or personal referees. We may also collect sensitive personal information about you, such as your criminal record. Where we do so, your consent will be sought first.

 

c) The information that we collect in the course of your franchise partner application process will be used to assess your suitability for owning a franchise with us (or another Mr Potato Group company), to assess your qualification to move forward in the franchise partner recruitment process, and/or to store your details for franchise opportunities that may arise in the future.

 

d) Where you do not provide us with the information that we request, we may not be able to assess your suitability to be a franchise partner or for any future openings.

 

e) During the course of your franchise partner application process with us, we may disclose your information to:

  • Your nominated referees.

  • Past employers.

  • Agencies/contractors acting for you in the franchise application process.

  • Other Mr Potato Group companies.

  • Government or other agencies, such as to conduct criminal record and credit checks.

  • Educational organizations, such as to verify your qualifications.

 

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

 

a) Mr Potato uses your personal information so that we can improve and perform our business activities and functions and to provide you with any products or services that you may request or to respond to any query or complaint that you may have. We may also use your personal information, for example, to:

  • Verify your identity.

  • Administer our Loyalty Program.

  • Provide the products or orders to you and to bill you and enable us and/or a restaurant with whom you have placed an order to contact you where necessary.

  • Administer and manage our services, including charging and billing you for those products.

  • Assist with the administrative, 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.

  • Maintain and develop our business systems and infrastructure, including testing and upgrading of these systems.

 

 

b) Mr Potato may combine any information it collects from you with information collected by its related companies. 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.

 

c) We will also use and analyse the information we collect so that we can administer, support, improve, and develop our business for any other purpose, whether statistical or analytical, and to help us prevent fraud. Where appropriate, now and in the future, you may have the ability to express your preferences around the use of your data as set out in this Privacy Policy, and this may be exercised through your chosen method of using the Service, for example, mobile, mobile applications, or any representation of the Website.

 

d) When collecting your personal information, we do so in accordance with relevant Australian laws and the Australian Privacy Principles. We may also use your personal information for other purposes not listed above. Where we do so, this will be made clear to you.

 

e) You agree that we may disclose personal information that we collect from you to other companies that also hold information about you. We may also collect personal information from those other companies. We and/or those companies may combine the information in order to better understand your preferences and interests, thereby enabling them and us to serve you better.

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:

 

a) We may not be able to provide our products to you.

b) We may not be able to provide registration or benefits under any reward or Loyalty Program.

c) We may not be able to provide you with information about products that you may want, including information about special promotions.

d) We may be unable to tailor the content of our Websites or app to your preferences, and your experience of our Websites or app may not be as enjoyable or useful.

e) We may not be able to process or progress your employment application.

 

When we disclose your personal information:

a) In order to deliver the products and services you require, Mr Potato may disclose your personal information to organizations outside Mr Potato.

b) The information you provide to us will be transferred to and stored on our servers, which may be in or outside Australia, and may be accessed by or given to our staff working outside Australia and third parties, including companies within the Mr Potato group of companies (which means our subsidiaries and affiliates, our ultimate holding company and its subsidiaries and affiliates).

c) Your personal information may be disclosed to these organizations so that we can provide you with the required services or conduct the necessary administrative or marketing function required.

 

These organizations include, but are not limited to, organizations and third-party service providers who we engage to carry out the following services:

  • Customer support inquiries

  • Mailing operations

  • Printing operations

  • Billing and debt-recovery functions

  • Payment systems requirements

  • Technology services

  • Installation, maintenance, and repair services

  • Professional service functions like legal, accounting, and business advisory

  • Marketing, telemarketing, and market research

  • Product, website, and app usage analysis d) We may disclose your personal information to:

  • Any parties necessary to provide the products which you purchase from us.

  • Any parties necessary to provide you with access to the Website.

  • External IT service.

  • 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 and associated companies.

  • Our professional advisers, including our accountants, auditors, and lawyers.

  • Government and regulatory authorities and other organizations, as required or authorised by law.

  • Potential and current franchisees and their agents.

  • If Mr Potato is taken over or negotiating to be taken over by, or sold to, another company ('takeover company'), to the takeover company and professional advisors.

  • Third-party competition/promotion hosting agencies.

  • Any others you have been informed of or consented to (express or implied).

e) Mr Potato shall take reasonable steps to ensure that these organizations are bound by privacy obligations in relation to the continuing protection of your personal information.

 

f) The third parties with whom we share your information may undertake various activities such as processing credit card payments and providing support services for us. In addition, we may need to provide your information to any Restaurants that you have placed an Order with so as to allow the Restaurant to process and deliver your Order. By submitting your personal data, you agree to this transfer, storing, or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

 

g) We may use the information that you provide to us if we are under a duty to disclose or share your information in order to comply with (and/or where we believe we are under a duty to comply with) any legal obligation or in order to enforce the Website Terms and any other agreement or to protect our rights or the rights of Restaurants or other third parties. This includes exchanging information with other companies and other organizations for the purposes of fraud protection and prevention.

 

Transfer of personal information outside Australia:

 

In addition to holding your personal information in Australia, we may hold your personal information in the cloud or on servers located outside of Australia. We take all reasonable steps to ensure that the personal information which has been transferred outside of Australia will be held in jurisdictions whose privacy laws are equal to or better than Australia's, and will not be held, used, or disclosed by the recipient of the information inconsistently with the Australian Privacy Principles.

Direct Marketing and your privacy

 

a) Mr Potato 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, in-app notifications, fax, and email, in accordance with applicable laws. If you indicate a preference for a method of communication, we will endeavor to use that method whenever practical to do so.

 

b) If you have received marketing information from Mr Potato 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 within a reasonable time after your request has been made. Mr Potato will not charge you, or in any way disadvantage you, if you choose to opt-out of receiving marketing material.

 

c) Mr Potato may occasionally provide its marketing material to third parties to distribute material on Mr Potato's behalf.

 

Cookies

 

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

 

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

 

Links to other websites

 

The Website and app may contain links to other sites. Mr Potato 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.

Notification As part of the installation of the Mr Potato App on your mobile device, you may receive "Push Notifications," which may include alerts, badges, banners, and sounds on your mobile device. You may choose to stop receiving Push Notifications at any time by selecting the option within the App's settings menu or by deleting the App from your mobile device.

Security and Data Quality

 

a) We will take all reasonable steps to secure your personal information. Electronic information is protected by various security measures, and access to information and databases is restricted to our staff and contractors who need access to the information to perform their duties.

 

b) Where you have registered an account with Mr Potato and chosen a password that allows you to access certain parts of the Website, you are responsible for keeping this password confidential. We advise you not to share your password with anyone. We will not be liable for any unauthorized transactions entered into using your name and password.

 

c) All user details captured by Mr Potato are stored securely at all times and will never be provided to any unauthorized third parties. All data is protected using SSL (Secure Socket Layer) encryption. Credit card details are handled by a PCI-DDS v3.2 Level 1 Service Provider of secure credit card processing solutions. Mr Potato does not store your credit card details. d) However, the transmission of information via the internet is not completely secure. Although we will take reasonable steps to protect your information and ensure it is safe and secure, and we use a number of physical, administrative, personnel, and technical measures to protect your personal information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. For the avoidance of doubt, Mr Potato will not, in any circumstances, be liable to you or third parties for loss or damage arising from credit card fraud or identity theft.

How you can access and correct your personal information held by the Mr Potato Group

 

a) 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, Mr Potato 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 1988 (Cth). We will advise you of the grounds for any refusal.

 

b) 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, Mr Potato 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.

 

c) 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 add a note to the personal information stating that you disagree with it.

 

Changes to this Privacy Policy

 

From time to time, it may be necessary for us to make updates or change this privacy policy without notice. The updated privacy policy will be accessible on the website at all times. Mr Potato values your privacy, and we will ensure that any changes will not alter how we handle previously collected information.

How to contact us

a) If you would like to contact us or require more information concerning Mr Potato's approach to privacy or how Mr Potato handles your personal information, you can write to us as set out below:

 

b) Attention: Mr Potato Privacy Officer, Mr Potato Group, Shop 13/11 Moseley Square Glenelg, 5045, AUSTRALIA.

 

c) Alternatively, you can email your privacy query directly to us by using the Contact Us page on our website.

 

How do you make a complaint?

 

a) If you wish to make a complaint to Mr Potato about a possible breach of privacy, please provide full details of your complaint in writing and send it to the Mr Potato Privacy Officer (see contact details above). Please allow up to 30 days for your request or complaint to be processed.

 

b) If your complaint relates to our failure to provide access to or to correct any personal information that we hold about you, or if you are not satisfied with the manner in which we deal with your complaint (within 30 days), you may lodge or refer your complaint directly to the Office of the Australian Information Commissioner (for more information, please see www.oaic.gov.au).

 

c) Where 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). We may ask you to participate in a dispute resolution scheme (such as mediation) to resolve your complaint.

 

d) Individuals inquiring about their rights and remedies for breaches of privacy can access detailed information at the Office of the Australian Information Commissioner www.oaic.gov.au.

Changes to this Privacy Policy

 

Mr Potato reserves the right to amend this Privacy Policy from time to time. The most current version of this policy will be located on Mr Potato's Website, or a copy can be obtained by contacting the Mr Potato Privacy Officer.

 

Waiver

If Mr Potato 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.

 

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 in March 2020.

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