Terms and Conditions
In these Terms and Conditions:
This Privacy Policy explains in general terms how Babil Franchising Pty Ltd collects, holds, uses and discloses your personal information under the Australian Privacy Principles.
We may amend this Privacy Policy as our business requirements or the law changes. Any changes to this Privacy Policy will be updated on laporchetta.com.au.
1. When do we collect personal information?
We only collect personal information when it is reasonably necessary for our business activities.
The types of personal information we collect from you will depend on the circumstances in which the information is collected, and may include information such as:
(a) name and contact details (including your postal address, email address and phone numbers);
(b) payment information (to process customer orders);
(c) your personal financial information (for franchisee applications to help to assess your suitability to become a franchisee);
(d) demographic information (including your age, gender, State or Territory of residence and occupation);
(e) information used to verify your identity (including your date of birth and driver’s licence number);
(f) records of questions that you ask us;
(g) answers you provide to questions we ask; and
(h) other information about your dealings with us.
We do not generally require you to provide us with any sensitive information about yourself. You may notify us that you wish to deal with us by not identifying yourself or using a pseudonym. However, if we are not able to collect personal information about you we may not be able to provide you with the products, services, information or assistance you require. 2. How do we collect personal information?
We may collect your personal information directly from you, when you provide it to our staff or to our agents or contractors. For example, when you:
(a) Create an account with us for online ordering;
(b) apply to become Babil franchisee;
(c) join a mailing list or request information from us;
(d) enter a competition, respond to a survey or provide your details to us through one of our websites;
(e) apply for a job with us; or
(f) conduct business with us.
We may also collect personal information about you from publicly available sources, from our related companies or from third parties (for example, from referees if you apply for a job with us).3. Why do we collect personal information and how do we use it?
How we use your personal information will generally depend on why we collected it and the nature of your relationship with us. Generally, we will only use and disclose the personal information that we collect about you so that we can do business together and for purposes connected with our business operations. These purposes may include:
Customers
(a) processing your orders placed on the Babil website;
(b) contacting you (including via electronic messaging such as SMS and email, by mail, by phone or in any other lawful manner);
(c) facilitating your entry and participation in competitions and promotions;
(d) verifying your identity;
(e) improving our products or services or businesses;
(f) providing goods or services to you or receiving goods or services from you; and
(g) addressing any issues or complaints that we or you have regarding our relationship. Employment candidates
(a) assessing your suitability for employment.
Franchisees and potential franchisees
(a) considering your application to become a franchisee; and
(b) if you are a franchisee, to help you to manage your franchised business.
Supplier and other commercial businesses
(a) assessing entering into a commercial relationship with us (including the provision of credit);
(b) managing our commercial relationship; and
(c) providing goods or services to you or receiving goods or services from you.
We also sometimes use personal information for marketing purposes, as described in section 6 below.
4. Who else will have access to my personal information?
We may disclose and provide access to your personal information to third parties in connection with the purposes described in section 3 above. This may include disclosing your personal information to the following types of third parties:
(a) any third parties to whom you have directed us to disclose your personal information (e.g. referees);
(b) our related companies;
(c) our franchisees;
(d) our contractors (such as mailing houses, prize providers, marketing agencies, insurance providers, website and data hosting providers and other IT suppliers) and other persons who provide services to us;
(e) companies who may use your personal information in order to tailor electronic advertising to you (e.g. on a webpage) in relation to our products and services;
(f) our accountants, insurers, lawyers, auditors and other professional advisers;
(g) owners of trademarks who grant us a licence to use those trademarks;
(h) in the event that we or our assets are or may be acquired by a third party, that third party and their advisors;
(i) in certain circumstances, third parties that require the information for law enforcement or to prevent a serious threat to public safety; and
(j) otherwise as permitted or required by law.
Where we disclose your personal information to third parties we will use reasonable commercial efforts to ensure that such third parties protect your personal information in a manner consistent with this privacy policy.
5. Will my personal information leave Australia?
Some of the third parties to whom we disclose your personal information may be located outside of Australia. For example, we may disclose your personal information to overseas service providers that provide us with services including data storage, information and data aggregation and processing, remote access, back up and scanning, email filtering, and virus scanning. The countries in which these third parties are located will depend on the circumstances. However, in the course of our ordinary business operations some personal information that we hold is sent to facilities in Singapore and the USA for processing and storage.
When we disclose your personal information to third party recipients located outside of Australia we will use reasonable commercial efforts to ensure that these third parties protect this personal information in a manner consistent with this Privacy Policy.
6. Do we use personal information for direct marketing?
We may use and disclose your personal information for the purpose of direct marketing where you have consented to us doing so, or it is otherwise permitted by law. Direct marketing involves communicating directly with you for the purpose of promoting the sale of goods and services. Depending on the nature of our relationship with you, these may be our goods and services or the goods and services of carefully selected third parties. Direct marketing can be delivered by a range of methods including mail, telephone, email or SMS. You can unsubscribe from receiving direct marketing materials from us at any time by contacting us.
7. Storage and security of your personal information
We may store personal information on computer databases and/or in hard copy, and we employ reasonable commercial physical and electronic security measures to protect any records that we hold which contain your personal information.
We may also engage third party service providers to assist in storing and processing certain types of personal information for us. Some of these service providers may be located overseas, or use facilities located overseas to provide us with services.
We will take reasonable steps to keep any personal information that we hold about you secure from misuse, interference and loss, and from unauthorised access, modification or disclosure as required by the Act. However, except to the extent that liability cannot be excluded due to the operation of statute, we exclude all liability (including in negligence) for the consequences of any unauthorised access to your personal information. Please notify us immediately if you become aware of any breach of security.
8. Is the personal information you have about me complete and accurate?
We take reasonable steps to ensure that the personal information we collect, use or disclose is accurate, complete and up-to-date. To ensure your personal information is accurate, please notify us of any errors or changes to your personal information using the contact details in section 10 of this Privacy Policy and we will take appropriate steps to update or correct such information in our possession.
9. Information for our website users
Our websites and social media pages (and other materials we provide to you) may contain links to third party websites. The operators of those websites may have privacy policies and practices which differ from our own. We are not responsible for the content of any external website or the privacy practices of any third party.
Some information that you post to parts of our website or to our social media pages may be available to be viewed by the public. You should use discretion in deciding what information you upload to such sites. Some of our websites and services use cookies and other similar technologies to passively collect certain types of usage information such as your IP address, details of your computer system, browser details, geolocation information, pages visited (and for how long), and website functionality accessed. Unless you have consented, we do not combine this usage information with your personal information (which means that we cannot identify you from the usage information that we collect).
We may use this passively collected usage information for a variety of purposes, including customising and improving our websites and services. Certain aspects of our websites and services require this information to function and may not be available if this information is not collected.
10. How to contact us
You can contact us if:
(a) you want to access or correct any personal information that we hold about you;
(b) you want to unsubscribe from our mailing lists; or
(c) you think that we have breached the Australian Privacy Principles and want to make a complaint. We can be contacted about privacy issues by email sent to info@laporchetta.com.au. Alternatively, you can write to us at babil.com. When contacting us, please provide as much detail as possible in relation to your query, issue or complaint.
Please note that:
(h) Your complaints are taken seriously and will be assessed by an appropriate person with the aim of resolving any issue in a timely and efficient manner and in accordance with the Act. We request that you cooperate with us during this process and provide us with relevant information we may require. If you are not satisfied with the outcome of our assessment of your complaint, you may wish to contact the Office of the Australian Information Commissioner.
(i) If you require access to the personal information that we hold about you, we may charge a fee for providing access to this information and we may refuse access where the Act allows us to do so.