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Privacy Policy

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NANDO'S AUSTRALIA PRIVACY POLICY


1. Introduction

1.1 Thank you for visiting the http://www.nandos.com.au website (the "Website"). Nando’s Australia Pty Limited (ABN 20 079 066 407) and its related bodies (collectively referred to as “Nando’s”, "we", "us" or "our") recognise the importance of protecting the privacy and the rights of individuals in relation to their personal information and are committed to protecting the privacy of personal information in accordance with Australian privacy laws.

1.2 This Privacy Policy sets out Nando’s approach to handling personal information, and how each Nando’s restaurant franchise owner (“Nando’s Franchisees”) is expected to handle your personal information in the operation of their individually owned Nando’s restaurant, including how we collect, use, store and keep secure, disclose and provide access to your personal information. We respect your rights to privacy under the Privacy Act 1988 (Cth) (the “Act”) and the Australian Privacy Principles (the “APPs”) and we comply with all of the Act’s requirements with respect to the collection, use, management, storage, disclosure and provision of access to your personal information.

1.3 The scope of this Privacy Policy covers the personal information handling practices of restaurants owned by Nando’s in Australia. Nando’s does not control the collection, use or disclosure of, and may not have access to, the personal information held by Nando’s Franchisees. Nando’s Franchisees are responsible for ensuring that your personal information collected by them is handled in accordance with this Privacy Policy and Australian privacy laws.

1.4 This Privacy Policy forms part of our Terms and Conditions for use of the Website and other websites that may be operated by us from time to time, which you should also read.


2. What is personal information?

2.1 When used in this Privacy Policy, the term “personal information” has the meaning given to it in the Act. In general terms, it is any information that can be used to personally identify you. This may include your name, gender, date of birth, address, telephone number, email address and profession or occupation.

2.2 If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.


3. What personal information do we collect and how is it collected?

3.1 We will collect your personal information in a fair and lawful manner. Where it is practical to do so, Nando’s will collect your personal information directly from you, and only to the extent that we reasonably require for one or more of our business functions or activities, to provide you with a Nando’s product or service or to determine your suitability as a Nando’s franchisee or employee (where appropriate)..

3.2 The kinds of personal information we may collect from you will depend on what type of interaction you have with us. However, it may include amongst other things:

a.personal information that you provide to us when you participate in a promotion, competition, promotional activity, survey, market research, SMS, MMS and other mobile services, subscribe to our mailing list, participate in our Peri-Perks loyalty programme or other loyalty program introduced from time to time, utilise the Nando’s mobile application, participate in and contribute to our online forums or interact or follow our social media pages like Facebook, Twitter, LinkedIn and Instagram. This information may include, for example, your first and last names, postal and physical addresses, email address, telephone numbers, facsimile number, age, date of birth and loyalty membership details;

b.personal information that you provide to us via our restaurants or when you place an order in a restaurant by telephone or via an online ordering system, when purchasing a gift card or when you logon to wi-fi provided at one of our restaurants. This information may include, for example, your first and last names, postal and physical addresses, email address, telephone numbers, age, date of birth, menu preferences, previous order information, loyalty membership details, credit card details, Internet Protocol (“IP”) address and your demographic and other data for market research, advertising and promotional purposes;

c.personal information that you provide to use via telephone, email or in person when making a request or enquiry or submitting compliments, complaints or feedback. This information may include, for example, your first and last names, postal and physical addresses, email address, telephone numbers, facsimile number, age, date of birth, loyalty membership details, previous order information and IP address;

d.information regarding your interests, preferences, purchasing behaviour and experience with our products and services, together with any additional information necessary to deliver those products and services and respond to your enquiries;

e.if you are applying for a position with Nando’s, we will collect information as detailed in the section below entitled “Employment Applications”;

f.if you are applying to become a Nando’s Franchisee, we will collect information as detailed in the section below entitled “Franchise Applications”; and

g.any additional information relating to you that you provide to us directly through our online ordering system, any third-party online ordering system, your access and use of our Website or indirectly through use of our Websites, social media platforms, online forums, applications, wi-fi service or online presence, or through our representatives or otherwise.

3.3 We may also collect some information that is not personal information because it does not identify you or anyone else. For example, we may collect anonymous answers to surveys or aggregated information about how users use our Website.

3.4 Except for when you apply for a position with Nando’s or to become a Nando’s Franchisee, we will not collect sensitive information about you (which includes information about your racial or ethnic groups or political or religious beliefs) unless you have specifically consented to such collection or the collection is required by law.

3.5 Nando’s will use your personal information only for the particular purpose that you provided it, or for a directly related purpose. Nando’s may otherwise use your personal information where that other use is required or permitted by law or with your express or implied consent.


4. Cookies and Web Beacons

4.1 In some cases we may also collect your personal information using cookies where our third-parties, or Nando’s directly, send "cookies" to your computer or devices, or use similar technologies, to enhance your online experience at our Website and across the Internet. "Cookies" are files that can identify you as a unique customer and store your personal preferences as product preferences to tell us which site pages you have visited and in what order. This enables us to recognise your computer and greet you each time you visit our Website. We use cookies and other technical information to personalise your visit to our Website, to analyse traffic on our Website, to track user trends, patterns and selections for authorised downloads and for technical reasons connected with your use of our Website. Cookies can either be permanent (i.e. they remain on your computer until you delete them) or temporary (i.e. they last only until you close your browser). If you do not wish to receive cookies, you can set your browser so that your computer does not accept them. However, please note that certain areas of our Website can only be accessed in conjunction with cookies or similar devices.

4.2 We may also use "web beacons" that monitor your use of our Website. Web beacons (or web bugs) are small strings of code that provide a method for delivering a graphic image on a web page for the purpose of transferring data, such as the IP address of the computer that downloaded the page on which the web beacon appears, the Uniform Resource Locator (“URL”) of the page on which the web beacons appears, the time the page containing the web beacon was viewed, the types of browser that fetched the web beacon and the identification number of any cookie on the computer previously placed by that server. When corresponding with you via HTML capable e-mail, web beacons let us know whether you received and opened our email. By setting your web browser to display HTML emails as text only, you may be able to prevent the use of some web beacons.

4.3 On their own, cookies or web beacons do not contain or reveal any personal information. However, if you choose to provide us with personal information, it can be linked to the anonymous data stored in the cookies and/or web beacons.


5. What happens if we can’t collect your personal information?

5.1 You are not required to disclose your personal information to Nando’s, and where lawful you may deal with Nando’s anonymously or using a pseudonym.

5.2 However, if you remain anonymous, use a pseudonym or choose not to provide us with the personal information described above, some or all of the following may happen:

a.we may not be able to provide the requested services or products to you, either to the same standard or at all;

b.we may not be able to provide information about products and services that you may want, including information about special promotions;

c.we may not be able to provide you with details, information or an appropriate response to any enquiries or requests for information that you have made; or

d.we may be unable to tailor the content of our Website and other relates sites to your preferences and your experience of our Website may not be as enjoyable or useful.


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

6.1 We collect personal information about you so that we can perform our business activities and functions and provide the best possible quality of customer service. The way in which Nando’s will collect, use and disclose your personal information depends on the reasons for which it was collected, however this is generally for the following purposes:

a.processing meal orders that you place with us in our restaurants or via an online meal ordering system, providing you with our products and services and processing meal refunds where applicable;

b.processing orders for gift cards that you place with us in our restaurants, by telephone or via our gift card ordering system;

c.where you choose to receive mobile services and content via SMS, MMS and other mobile services, including the Nando’s mobile application, we use this information to deliver such mobile services and content to you, to carry out market research, to track sales data, to inform you of upcoming events and to help plan and promote other promotional activities which may be of interest to you;

d.to respond to any questions or queries that you may have and to process, investigate and respond to any feedback, complaint or compliment made by you;

e.promoting and marketing our current and future products, services, promotions, offers, games, programs and competitions to you;

f.to improve the operation or navigation of our Website and social media platforms, and inform you of changes made to our Website and/or social media platforms;

g.assisting you with remembering and re-ordering from our menu in the future, developing an online customer profile and keeping your contact details up to date;

h.to obtain opinions or comments about products and/or services and to conduct other statistical and market research with a view to improving our services and products;

i.for the purposes of and incidental to your use of our wi-fi services (if applicable);

j.processing and considering your employment application (if applicable) (see Employment Application section below) or your franchise application (if applicable) (see Franchise Application section below);

k.providing information that you request about our franchise restaurants (where permitted by law) ; and

l.facilitating our internal business operations, including fulfilment of any legal, security, and regulatory requirements.

6.2 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, for a directly related purpose, where you have consented to such use or disclosure, or for such other purposes as may be required or permitted by law.


7. To whom may we disclose your information?

7.1 For the purposes described in the section above, we may disclose your personal information to, and share personal information with, the following:

a.Nando’s Franchisees, subsidiaries and related bodies corporate, especially where you have placed an order online via an online ordering system, or made an enquiry or complaint relating to a restaurant that is independently owned and operated by one of our Nando’s Franchisees;

b.our officers, employees, contractors or agents for the purposes of operating our business or our Website, fulfilling requests by you, and to otherwise provide products and services to you including, without limitation, web hosting providers, IT systems administrators, agencies, advertisers and business partners, payment processors, data entry service providers and professional advisors such as accountants, legal advisors, business advisors and consultants;

c.suppliers and other third parties with whom we have commercial relationships for business, marketing and other related purposes;

d.third parties where the law requires or authorises us to do so; and

e.any organisation for any authorised purpose with your express consent.

7.2We may combine or share any personal information that we collect from you with information collected by any of our related bodies corporate (within Australia).


8.Direct marketing materials

8.1We may send you direct marketing communications and information about our own products and services and direct marketing communications on behalf of other related companies within Nando’s that we consider may be of interest to you. These communications may be sent in various forms, including by post, telephone calls, SMS, MMS, fax and email in accordance with applicable laws. By providing your personal information to us, you consent to us sending you those direct marketing communications by any of those methods.

8.2If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so. In addition, at any time you may opt-out of receiving marketing communications from us by contacting us (see the details below), or by using opt-out facilities provided in the marketing communications, and we will ensure that your name is removed from our mailing list.

8.3If we obtain your prior consent, we may use your personal information for the purposes of direct marketing of products and services on behalf of selected third parties, provided you have agreed to your details being passed on to third parties.


9.Online Forums

9.1 From time to time we may provide opportunities for you to engage with us through written discussions, communications and comments through interactive online forums and social media platforms. Material deemed to be inappropriate or offensive will be removed from these forums and platforms and Nando’s reserves the right to determine what comment is inappropriate or offensive in its absolute discretion.

9.2 All statements and opinions expressed in the articles and communications are those of the individual contributors and not the statements and opinion of Nando’s.

9.3 Information you disclose to Nando’s through such online forums and platforms may be read, collected and used by Nando’s. However, as these forums and platforms are public, it may also be read, collected and used by other users, the actions of whom Nando’s cannot control and for whom Nando’s takes no responsibility. We suggest that you use your discretion and exercise caution when providing your personal information.


10. Employment Applications

10.1 Generally, the type of personal information that we collect about applicants is the information requested and included in your application for employment, for example your full name, postal address, telephone numbers, email address, residency status, work rights, education details, employment history, references and other information relating to your work experience.

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

10.3 We collect personal information for any one or more of the following purposes:

a.assessing you for a position with us or one of our related entities;

b.assessing whether you are suitable to progress through each stage of the recruitment process for a vacant position; and/or

c.storing your information for future employment opportunities;

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

10.4 We may disclose your information to:

a.referees or previous employers;

b.recruitment agencies, agencies or contractors acting on our behalf;

c.our related entities and Nando’s Franchisees;

d.employees and franchisees of Nando’s in other locations or other Nando’s entities worldwide;

e.government agencies to verify your rights to work; and

f.law enforcement agencies to verify whether you have a criminal record.

10.5 If we engage third party contractors to perform services for us, which involves the 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.


11. Franchisee Applications

11.1 Generally, the type of personal information that we collect about franchise applicants is the information requested and included on the Franchise Application Form, for example your full name, postal address, telephone numbers, email address, residency status, work rights, education details, employment history, financial capacity (including income, assets, liabilities, account balances and risk profile) and other information relating to your qualifications and experience. Should your application be successful, Nando’s will also obtain further information from you such as your bank account details for the purposes of monthly direct debits.

11.2 In considering your application to become a Nando’s franchisee, Nando’s may also obtain personal information about you from third parties, for example from your previous employers or nominated referees. Subject to your consent, Nando’s may also collect sensitive information about you such as information about any criminal record you may have or your credit rating.

11.3 We collect personal information for any one or more of the following purposes:

a.assessing your application to become a Nando’s Franchisee;

b.assessing whether you are suitable to progress through to each stage of the Nando’s franchise recruitment process; and/or

c.storing your information for future franchise opportunities;

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

11.4 We may disclose your information to:

a.referees or previous employers;

b.recruitment agencies, agencies, brokers or contractors acting on our behalf;

c.our related entities;

d.financial institutes to verify your financial capacity and position;

e.government agencies to verify your right to work; and

f.law enforcement agencies to verify whether you have a criminal record.

11.5 If we engage third party contractors to perform services for us, which involves the 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.


12. How can you access and correct your personal information?

12.1 You may request access to any personal information we hold about you at any time by contacting us (see the details below). 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). We may charge a reasonable administration fee to cover the costs of meeting your request. We will not charge for simply making the request and will not charge for making any corrections to your personal information.

12.2 There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.

12.3 If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it.

12.4 To protect your privacy and security we will take reasonable steps to verify your identity before granting access.


13. What is the process for complaining about a breach of privacy?

13.1 If you believe that this Privacy Policy has been breached, or your personal information has not been collected, stored, used or disclosed appropriately, please contact our Privacy Officer using the contact information below, and provide details of the incident so that we can investigate it. We request that complaints about breaches of privacy be made in writing so that we can be sure about the details of the complaint.

13.2 We will attempt to confirm as appropriate and necessary with you your understanding of the conduct relevant to the complaint and what you expect as an outcome. We will inform you whether we will conduct an investigation, the name, title and contact details of the person investigating the complaint and the estimated completion date for the investigation process.

13.3 After we have completed our enquiries, we will contact you, usually in writing, to advise you of the outcome and invite a response to our conclusions about the complaint. If we receive a response from you, we will assess it and advise if we have changed our view.


14. Do we disclose your personal information to anyone outside Australia?

14.1 In some cases, Nando’s may disclose your personal information to entities located outside of Australia, who require access to collect, use, store and disclose your personal information in connection with fulfilling the requirements of this Privacy Policy, including to the following:

a.our related bodies corporate located overseas; and

b.other third parties located overseas.

14.2 We will take reasonable steps to ensure that the overseas recipients of your personal information do not breach the privacy obligations relating to your personal information.


15. Security

15.1 Where we store your personal information depends on what interaction you have had with us. Some areas may include servers and databases for processing customer, franchisee and employee enquiries, comments and feedback, mail exchange servers, third party servers or email databases for marketing communications.

15.2 We take reasonable steps to ensure that your personal information is protected from misuse, interference and loss and from unauthorised access, modification or disclosure. We may hold your information in either electronic or hard copy form. We only keep your personal information for as long as it is required for the purposes 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.

15.3 As our Website is linked to the Internet, and the Internet can be inherently insecure, we cannot provide any assurance regarding the security of transmission of information you will communicate to us online. We also cannot guarantee that the information you supply will not be intercepted while being transmitted over the Internet. Accordingly, any personal information or other information which you transmit to us online is transmitted at your own risk.


16. Links

16.1 Our Website may contain links to other Websites operated by third parties which may be of interest to you. We make no representations or warranties in relation to the privacy policies of any third party website and we are not responsible for the privacy policies or the content of any third party website. Third party websites are responsible for informing you about their own privacy practices.

16.2 We may use third party advertisements on our Website. Third party advertisements are not recommendations or endorsements by Nando’s or any of its related bodies corporate or affiliates. To the extent permitted by law, Nando’s is not responsible for the content (including representations) of any third party advertisement on the Website. These third parties may view, edit or set their own cookies. The use of these technologies by such third parties is subject to their own privacy policies and is not covered by this Privacy Policy.


17. Franchisee privacy policies

As mentioned above, a number of Nando’s restaurants are owned and operated by franchisees who are independent business owners. Some franchisees also operate websites and are expected to comply with this Privacy Policy.


18. Changes to this Privacy Policy

From time to time, we may revise this Privacy Policy. Any updated version of this Privacy Policy will be posted on our Website, so we ask that you please review it regularly. Your continued use of the Website, and acceptance of Nando’s products and services, will be deemed acceptance of any amended Privacy Policy.


19. Contacting us

19.1 If you have any questions or comments about this Privacy Policy, please use the contact link on our website, or contact our Privacy Officer using the details set out below:

Nando’s Australia Pty Ltd

Attn: Nando’s Privacy Officer

40 Mollison Street, Abbotsford, VIC 3067

Telephone: 03 9385 0777

Email: customercare@nandos.com.au

19.2 Nando’s is committed to working with its customers, franchisees and applicants to obtain a fair resolution of any complaint or concern about privacy. To contact us with a query, feedback, compliment or complaint, please provide our Privacy Officer with full details of your query, feedback, compliment or complaint and any supporting documentation.

19.3 Upon receipt of your query, feedback, compliment or complaint, our Privacy Officer will endeavour to: provide an initial response to you within 7 business days; and investigate and attempt to resolve your query, feedback, compliment or complaint within 30 business days, or such longer period as is necessary and notified to you by our Privacy Officer.

This Privacy Policy was last updated on 11 December 2018.