PRIVACY POLICY
GUZMAN Y GOMEZ GROUP – PRIVACY POLICY STATEMENT (US)
EFFECTIVE DATE: 12 August 2020
1. INTRODUCTION
1.1. This Privacy Policy sets out the policy of Guzman y Gomez, Corp, its affiliates and each Guzman y Gomez franchisee (together “we”, “us”, “our” or “GYG”) with respect to the way we obtain, use and disclose information about individuals in the United States of America including through our mobile application (“App”) and through our website (“Site”) at www.guzmanygomez.com.
1.2. Your use of our Site or Services, and any dispute over privacy, is subject to this Policy and our Terms and Conditions contained on our website, including its applicable limitations on damages and the resolution of disputes. The GYG Terms and Conditions are incorporated by reference into this Policy.
1.3. We understand and appreciate that you are concerned about privacy, and we value and respect the privacy of your Personal Information (defined below).
1.4. This Privacy Policy does not apply to other companies or organizations or websites to which GYG is linked (including where we provide links to third-party websites on our website) and we are not responsible for the privacy practices of any third parties.
1.5. This Privacy Policy covers Personal Information collected and used by GYG in relation to any of the following:
(a) franchisees or prospective franchisees;
(b) customers;
(c) suppliers or prospective suppliers;
(d) independent contractors or any person who applies to become an employee or independent contractor; and
(e) employees.
2. WHAT IS PERSONAL INFORMATION?
2.1. Unless otherwise specified, for the purposes of this Privacy Policy, “Personal Information” is information or an opinion about you as an identified individual or an individual who is reasonably identifiable, whether or not the information or opinion is true and whether or not it is recorded in a material form.
3. WHEN DO WE COLLECT AND USE YOUR PERSONAL INFORMATION?
3.1. We may collect and use your Personal Information where:
(a) you provide us with your Personal Information in relation to a competition, promotional campaign, requesting a quote, make a complaint or for any other reason;
(b) you make inquiries about or submit an application to become a franchisee, employee, independent contractor, supplier of us or any of our franchisees;
(c) you visit our website or participate in an online inquiry, activate your loyalty card or subscribe to our electronic mailing list;
(d) you visit any website or social media site established by us, including but not limited to Facebook, Twitter, Pinterest, Instagram, Google+, YouTube and LinkedIn (“Social Media Sites”); or
(e) you participate in any activity on a Social Media Site including but not limited to entering competitions, subscribing to our blog, posting, pinning or uploading any material on any Social Media Site, following, liking and/or commenting on us or anything on any Social Media Site (“Social Media Activity”).
4. WHAT PERSONAL INFORMATION DO WE COLLECT FROM YOU?
4.1. The type of Personal Information collected by us may differ, depending on whether you are or would like to become a franchisee, customer, supplier, employee or independent contractor. Generally, the type of Personal Information collected by us includes your name, address, telephone number, email address, age group and interests.
4.2. From our customers seeking to create an account. You must provide your name, phone number and email address. We also may collect additional information from you, including gender, date of birth, and zip code, regular GYG restaurant, order details, any customer service interactions, and responses to marketing messages such as feedback or ratings. If you make a purchase, we will collect your payment information, such as your payment card information and your billing and shipping address.
4.3. Customers using our online customer feedback form. We require your name and email address when you provide your feedback to us. Without such personal information, we may be unable to properly address matters raised in your feedback and/or respond appropriately to your feedback.
4.4. Customers activating loyalty cards online/updating details. We require your personal information, including name, email address, password, date of birth (although this isn’t mandatory), phone number, zip code, regular GYG restaurant and gender (although this isn’t mandatory) in order to activate your loyalty card and/or in order to update your details, as requested by you. Without such personal information, we may be unable to activate your loyalty card and maintain correct details about you.
4.5. From our franchisees. We also require company details, financial information including bank account and credit card details, profit and loss statements, balance sheets, weekly takings information, sales data and other business-related information which may contain Personal Information.
4.6. When using our Online Franchisee Enquire form. We require the personal information requested in this online franchisee inquiry, including name, email address and phone numbers, past employment history and experience and other relevant information, in order to address your inquiry and commence an assessment of your suitability as a GYG franchisee. Without such personal information, we may be unable to favorably assess your inquiry.
4.7. From our employees, contractors and/or prospective employees. We may also collect the following information: commencement dates, employment status, location, gender, bank account statements, emergency contact details, qualifications, previous employment details, driver’s license numbers, car registration numbers, medical and health information, passports, leave summaries, wages and salary information, date of birth, tax file numbers, where relevant visa and immigration information, information relating to performance and conduct. If you apply for a job or contract with us, we may collect personal information from your referees.
4.8. From time to time, photos may be taken and used for marketing and promotional purposes which may include images of franchised businesses, franchisees, employees or employees of franchisees and/or customers, from which individuals may be able to be identified. As an employee, your photo may be used within GYG to identify you.
4.9. Via Social Media Sites, we may be able to obtain other information about you which may itself constitute Personal Information or which, when combined with other information, is capable of identifying you, including photos, videos and any other information that you include on our Social Media Sites or sites linked to our Social Media Sites (“Other Sites”). The level of information to which we have access may depend on your privacy settings on such Other Sites.
4.10. You do not have to provide us with your Personal Information. In some circumstances, you may deal with us anonymously or using a pseudonym. However, in most circumstances, it is impracticable to do so and we are likely to be unable to carry out the services requested by you.
5. HOW DO WE COLLECT YOUR PERSONAL INFORMATION?
5.1. We collect Personal Information in a number of ways, including:
(a) from our franchisees;
(b) from you when you make a telephone, online or email inquiry including via our website, seek a quote or order online or via phone, enter a competition, participate in a promotional campaign, activate your loyalty card, subscribe to our electronic mailing list or lodge a complaint or otherwise register for and use our services;
(c) from you when you provide us with such information via application forms, customer feedback forms, business cards, contracts or any other document provided by you to us;
(d) through analysis of the Social Media Sites conducted by us or by third parties on our behalf;
(e) from third parties such as credit reporting agencies, recruitment agencies, insurers and insurance brokers, health professionals, referees nominated by you, or your representatives;
(f) from publicly available sources of information; and
(g) from our own records.
6. OUR USE OF COOKIES AND OTHER TRACKING MECHANISMS
6.1. Tracking technologies such as cookies may be used on our website or App. Cookies are alphanumeric identifiers that we transfer to your device’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our site, while others are used to enable a faster log-in process or to allow us to track your activities at our Site and Service.
6.2. There are two types of cookies: session and persistent cookies.
(a) Session Cookies. Session cookies exist only during an online session. They disappear from your device when you close your browser or turn off your device. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Site and Services. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Site and Services.
(b) Persistent Cookies. Persistent cookies remain on your device after you have closed your browser or turned off your device. We use persistent cookies to track aggregate and statistical information about user activity.
6.3. We may use cookies to recognize your browser when you visit our Site and to log the following information for statistical purposes and for the purposes of marketing and advertising to you:
(a) Site:
• your internet protocol address;
• the date and time of your visit to our Site;
• the pages that you have accessed and the documents downloaded; and
• the type of browser you were using.
(b) App:
• device name and model; operating system type, name, and version;
• language information;
• activities within the App.
6.4. We may also send GYG advertisements to your IP address. Most web browsers are set to accept tracking technologies such as cookies. These tracking technologies do not personally identify the user. If you do not wish to receive any cookies, you may set your browser to refuse them. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, your use of our website may be affected.
6.5. Flash Local Storage Objects. We may use Flash Local Storage Objects (“Flash LSOs”) to store your Site preferences and to personalize your visit. Flash LSOs are different from browser cookies because of the amount and type of data stored. Typically, you cannot control, delete, or disable the acceptance of Flash LSOs through your web browser. For more information on Flash LSOs, or to learn how to manage your settings for Flash LSOs, go to the Adobe Flash Player Help Page, choose “Global Storage Settings Panel” and follow the instructions. To see the Flash LSOs currently on your computer, choose “Website Storage Settings Panel” and follow the instructions to review and, if you choose, to delete any specific Flash LSO.
6.6. Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web and app pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Site, and Services to, among other things, track the activities of Site visitors and app users, help us manage content, and compile statistics about Site usage. We and our service providers also use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.
6.7. Third-Party Analytics. We use automated devices and applications, such as Google Analytics, to evaluate usage of our Site, and to the extent permitted, our Apps. We also may use other analytic means to evaluate our Site and Apps. We use these tools to help us improve our Site’s and Apps’ performance and user experiences. These entities may use cookies and other tracking technologies, such as web beacons or local storage objects (LSOs), to perform their services. To learn more about Google’s privacy practices, please review the Google Privacy Policy at click here. You can also download the Google Analytics Opt-out Browser Add-on to prevent their data from being used by Google Analytics at click here.
7. HOW DO WE USE YOUR PERSONAL INFORMATION?
7.1. We use your Personal Information for purposes that relate to the operation of our business and the provision of our Services to you.
7.2. These purposes generally include:
(a) supplying our products and Services to you;
(b) providing quality assurance for our products and Services;
(c) responding to your inquiries and feedback regarding our business, our products and Services;
(d) notifying you if you win a competition;
(e) tailoring the content and information that we may send or display to you, offering location customization, and personalized help and instructions;
(f) administering our customer loyalty program;
(g) monitoring the performance of our business and our franchisees;
(h) marketing including email marketing, promotional and educative activities including keeping you up-to-date with products, services, events, promotions we think would be of particular interest to you;
(i) planning, product development or research purposes;
(j) enforcing the terms and conditions of our engagement with you;
(k) investigating, preventing, or taking action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person;
(l) for the management of our database; and
(m) ensuring compliance with statutory obligations.
7.3. In relation to the Personal Information of franchisees, the purposes include those mentioned above and the following:
(a) conducting appropriate credit checks;
(b) verifying information required under the franchise agreement, including by accessing and assessing information received from suppliers, trade referees, insurers, banks, local municipal council or any other entity;
(c) to confirm and enforce compliance with the franchise agreement;
(d) providing franchisee support;
(e) to comply with disclosure requirements under applicable franchising laws; and
(f) all things of or incidental to carrying out our role as a franchisor.
7.4. We use and disclose information we hold about you as an employee or incidental to our role as your employer, in accordance with applicable laws.
8. HOW IS YOUR PERSONAL INFORMATION DISCLOSED BY GYG?
8.1. We may transfer or disclose your Personal Information to:
(a) our related companies;
(b) third-party consultants who may from time-to-time manage all or part of our database or computer systems or internet sites;
(c) third-party service providers where we outsource any of our functions, including but not limited to development, production and/or printing of advertising and marketing material and campaigns, including where such material contains photos or video of individuals;
(d) third parties who undertake mystery shopping and customer satisfaction surveys;
(e) to prospective purchasers and their legal and accounting representatives where that information relates to a sale of all or part of our business;
(f) the general public, for example, via internet when notifying of competition results or via media when photographs or video are used in advertising material or campaigns;
(g) where you have expressly consented to the disclosure or the consent may be reasonably inferred from the circumstances; and
(h) as required or authorized to do so by law.
8.2. We do not and will not rent, sell or otherwise disclose your Personal Information to any other company or organization, without your prior consent, where that consent is required by law.
8.3. Where you are a franchisee, you, in addition to the above transfers and disclosures, consent to our use and disclosure of your Personal Information in the following ways:
(a) some Personal Information of franchisees, franchisee’s weekly takings information and profit and loss statement and other financial results information being available to be viewed by other franchisees;
(b) Personal Information including but not limited to names, contact details, photos of employees of GYG may be viewable by franchisees and other employees via the intranet and other electronic means;
(c) providing contact details to landlords and some suppliers, to enable them to contact franchisees; and
(d) providing Personal Information to our lawyers and other professional advisors, for the production of legal franchising documentation and for any matter requiring us to seek legal advice or assistance or other professional services.
9. DISCLOSURE OF YOUR PERSONAL INFORMATION VIA SOCIAL MEDIA SITES
9.1. By engaging in any Social Media Activity on our Social Media Sites, you agree to and are subject to the terms and conditions (including any privacy policies) of such Social Media Sites. We are not responsible for the terms and conditions or privacy practices of any Social Media Sites.
9.2. Generally, photos and other material pinned or posted to Social Media Sites will be able to be viewed by the general public. Such photos and other material may be further shared by others indefinitely and will be visible by anyone visiting the locations to which the photos or other material have been shared. You may be able to remove the photos or other material that you have shared from the location at which you shared it. However, any material that has been further shared will be out of our control and neither you nor we will be able to remove it from any such location. We are not responsible for any material that has been shared.
9.3. We reserve the right to remove any photos, comments or other material that is in any way inappropriate or offensive (in our opinion) from our Social Media Sites.
10. CROSS BORDER DISCLOSURE
10.1. We may disclose your Personal Information to recipients located outside of the United States of America, who are likely to be located in Australia and the Philippines. Some Personal Information of GYG franchisees and/or their employees and/or customers may be disclosed to our master franchisees/franchisors overseas to be used for their marketing purposes, including by sharing on their websites or Social Media Sites.
10.2. You should be aware that, some Social Media Sites used by us or programs, software or online tools you may use to access our website or Social Media Sites, are based in and/or housed overseas. Whilst we do not actively disclose your Personal Information to such organizations, the use of such programs by us may involve disclosure of your Personal Information to such organizations overseas. Use and disclosure of your Personal Information by such organizations is in accordance with the terms and conditions and privacy policies of such organizations.
11. SECURITY
11.1. We hold Personal Information in electronic format and in hardcopy. We are committed to ensuring the security of your Personal Information and we will take all reasonable steps to protect this Information from misuse, interference, loss, unauthorized access, modification or disclosure, including:
(a) ensuring the physical security of our premises and databases/records;
(b) taking measures to restrict access to personnel who need that information in order for us to be able to provide our products and services; and
(c) technological measures, such as computer passwords, data back-up, data encryption, anti-virus software and firewalls.
11.2. The transmission of Personal Information across the internet is not completely secure, so we cannot guarantee the security of your Personal Information transmitted to our website, via email, through social media interactions or other online forums. Any such transmission is at your own risk and we are not liable for any breach of security or unintended loss or disclosure of information due to the website being linked to the internet.
12. HOW TO UNSUBSCRIBE FROM OUR DIRECT MARKETING
12.1. In each email or piece of marketing material that you receive from us, we will endeavor to attach simple instructions on how you can immediately unsubscribe from our mailing list. In any event, you can opt-out from receiving promotional material by emailing our Privacy Officer and asking to be removed from the mailing list. If you opt out of receiving promotional emails, we may still send you emails about your account or any services you have requested or received from us.
13. HOW TO CHECK OR CHANGE YOUR DETAILS
13.1. We take reasonable steps to ensure that your Personal Information is accurate, complete and up to date and relevant to the purposes for which we are able to use your Personal Information under this Privacy Policy.
13.2. Participants in our Loyalty Program. If you are a participant in our loyalty program, you may check and change your Personal Information directly by logging into your account. For all other Personal Information requests, see below.
13.3. All Other Personal Information Requests. If you wish to view the Personal Information we hold about you, please send your request to our Privacy Officer by email using the contact details at the end of this Privacy Policy. We may charge you a reasonable fee for such access (for example, photocopying or postage costs).
13.4. If you wish to amend the Privacy Information because it is inaccurate, out of date, incomplete, irrelevant or misleading, or if you wish your Personal Information to be deleted, please contact our Privacy Officer.
13.5. There are some circumstances in which we are not required to give you access to your Personal Information. If this is the case, we will, to the extent we are able to, let you know the reason why.
14. CHILDREN UNDER 13
14.1. Our Services are not designed for children under 13. If we discover that a child under 13 has provided us with Personal Information, we will delete such information from our systems.
15. CHANGES TO OUR PRIVACY POLICY
15.1. From time to time we may update this Privacy Policy. When this occurs, we will post the new version of the Privacy Policy on our website. We encourage you to periodically review this Privacy Policy so that you remain informed as to how we are protecting your Personal Information.
16. COMPLAINTS
16.1. If you believe that we have not complied with our privacy obligations, or have a complaint about the use or disclosure of your Personal Information by us or any of our franchisees, please contact our Privacy Officer. We will discuss your concerns with you and take action as necessary to address such concerns which may include contacting the relevant franchisee to take the matter further.
16.2. We will endeavor to resolve your complaint as soon as possible. However, the length of time will depend on the nature and complexity of the issues you have raised.
16.3. You will receive an acknowledgment of receipt of the complaint from us within five business days. We will give you an estimate of how long it may take us to deal with the matter but we will endeavor to finalise the matter within 30 days.
16.4. If we decide that your complaint is justified, we will then decide what action we should take in response. We will always try to match our response to the nature of your complaint and your desired outcome, but this may not always be possible.
16.5. Some of the things that we may decide to do include:
(a) take steps to rectify the problem or issue you have raised;
(b) provide you with additional information or advice so that you can understand what happened and how we have dealt with it; or
(c) take steps to change our policies or procedures if your complaint identifies a problem in the way we are doing things.
16.6. We welcome your questions and comments regarding this Privacy Policy. If you have a suggestion as to how we may improve our Privacy Policy, please contact our Privacy Officer.
17. PRIVACY OFFICER DETAILS
Guzman y Gomez Group
The Privacy Officer
Email: hola@gyg.com.au
