Swannies Restaurant Pty Ltd ATF Swannies Unit Trust (ABN: 94 300 154 748)

INFORMATION WE COLLECT

Swannies collects personal information that you provide directly to us. This may include your name, email address, delivery address, date of birth, phone number, payment method, social media handles, photographs of you and other identifying information you choose to provide via a particular Collection Channel. When you use a Website or Application, we may also collect personal information about you in the following general categories:

Transaction information: We collect your transaction details when you place an order via a Website or Application, including the products you have ordered, the date and time of your order and the amount charged.

Usage and preferences: We collect information about how you interact with our Websites or Applications, including the pages you visit, your preferences and settings that you choose. We may do this through the use of cookies and other similar technologies that uniquely identify you.

Device information: We may collect information about your mobile device such as the hardware model, operating system, preferred language, unique device identifier and mobile network.

Other information: We may also collect and log information such as your IP address, access dates and times, browser type and pages visited when you interact with a Website or Application.

In addition to the information listed above, in some cases we may collect personal information about you from third parties, including:

When you choose to create an account or register for a product or service via a Website or Application using a social media platform such as Facebook;

When a third party has your consent to disclose your personal information to us, such as when you enter a competition or promotion administered by a third party on our behalf; and

When it is otherwise lawful for a third party to disclose your personal information to us.

We may also collect personal or anonymous information about you from other sources and may combine that information with other information collected from you or from third parties for the purposes disclosed in this Collection Statement.


PURPOSES OF COLLECTION

Swannies collects your personal information in order to:

  • Provide you with certain content, products or services requested by you;
  • Allow you to use and enjoy the functionality of a Website or Application;
  • Enter you into and administer promotions;
  • Manage your orders and facilitate payment;
  • Contact you with direct marketing materials and personalised communications via any medium including mail, telephone, mobile and tablet applications, and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future and, if applicable, as selected by you;
  • Provide, maintain and improve our products and services;
  • Customise a Website or Application based on your preferences;
  • Administer and improve a Website or Application for your use;
  • Compile and analyse statistics and trends; or
  • Provide you with relevant direct marketing materials with your consent when you use a Website or Application or those of a third party

Swannies also collects your personal information for any other reason stated in the terms of use of a particular Collection Channel.

Sharing your information

Failure to provide personal information may result in you being unable to register for certain products or services, participate in a promotion, access elements of a Website or Application, place orders, make contributions to a Website or Application, and/or in Swannies being unable to provide you with certain content, products or services.

Privacy Policy

Swannies Privacy Policy contains information about how you can access and correct your personal information, how you can lodge a complaint regarding the handling of your personal information and how any complaint will be handled by Swannies. You may contact Swannies with any queries via Email: privacy@swannies.com.au or Mail:

Swannies Restaurant Pty Ltd ATF Swannies Unit Trust
Attention: Swannies Privacy Officer
34 Nerang Street
Southport, Q, 4215


HOW SWANNIES COLLECTS AND HOLDS PERSONAL INFORMATION

Swannies will not collect or monitor any personal information about you without your consent including as provided in this privacy policy.

Active information collection

Swannies may collect your personal information via our Collection Channels when you:

a.  purchase a product or make an order through a Phone order, Website or Application;
b.  participate in any offers, marketing activities and/or promotional activities;
c.  contact us or provide us with personal information directly via any medium including a Website or Application, SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email (“Electronic Messages”), social media platforms, mail, telephone and in person;
d.  interact with a Website or Application for a specific purpose;
e.  browse a Website or Application generally; and
f.  sign-up to, or register an account via, any Collection Channel.


Mobile platforms such as iOS and Android generally define certain types of information or data that applications cannot access without your consent. Each platform has its own permissions system for obtaining your consent. For example, the iOS platform generally alerts you the first time a Swannies Application wants permission to access certain types of data, such as location services, and will let you choose whether or not to consent to that request. Android devices will generally notify you of the permissions that a Swannies Application seeks before you first use the Application, and your use of the Application constitutes your consent. You can generally manage your platform level permissions via the Settings section on your device. For more information, please contact your device provider or refer to the user manual for your device.

PLATFORM PERMISSIONS


As you navigate through our Websites and access our Applications, certain information can be passively collected (that is, 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 a Website or Application are most commonly accessed. This information is generally not linked to the identity of visitors, except where a Website or Application is accessed via links in an Electronic Message we have sent or where we are able to uniquely identify the device or user accessing a Website or Application.

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 via our Collection Channels, in order 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 Application via links in an email we have sent and/or by accessing a Website or Application where you have identified yourself, you consent to the collection of such information where it is personal information.

COOKIES AND PASSIVE INFORMATION COLLECTION


Personal information collected will be used for the following primary purposes:

  • For the purposes stated on a particular Collection Channel.
  • To maintain and improve the functionality of a Website or Application to provide better service to Website or Application visitors and users, including the compilation and analysis of statistics and trends, the provision of information to you relating to the content available on that Website or Application and any e-commerce transactions conducted via that Website or Application.
  • To fulfil obligations in respect of any sale and purchase contract and/or any other contract between you and Swannies.
  • To send you any technical, administrative or legal notices important to our Websites and Applications.
  • To provide you with information about your transactions (including uploading of, access to, and receipt of, content on a Website or Application and purchase transactions undertaken on a Website or Application), content, services and products.
  • To provide marketing materials, events, special offers, competitions and promotions via any medium including mail, telephone and Electronic Messages or any other form of electronic, emerging, digital or conventional communications channel.
  • To maintain our relationship with you.
  • To respond to customer enquiries or complaints.
  • To manage your employment or process your application for employment with Swannies, including Swannies franchisees and facilitate effective employment practices.
  • To obtain opinions or comments about products and/or services and to conduct other market research and development (including to record statistical data for marketing analysis).
  • To enter you into and administer promotions.
  • To provide, maintain and improve our products and services.
  • To customise a Website or Application based on your preferences.
  • To share with trusted third parties including professional service providers.
  • To share with your social media communities, to the extent allowed by you.

Failure to provide personal information via our Collection Channels may result in Swannies being unable to provide you with relevant content, products and/or services. For example, we may be unable to process your orders and enquiries, set up an account for you, include you in a promotion, provide you with employment information, or provide you with upcoming promotion, event or product information and/or accept promotion entries (where applicable).

Swannies recognises the trust with which you provide personal information, and except as stated in this privacy policy, such information will not be used or disclosed for any other purposes without consent. However, Swannies reserves the right to use or disclose any information, including personal information, as needed to satisfy any law, regulation or legal request, to protect the rights or property of Swannies, or any member of the public, to protect the integrity of a Website or Application, to fulfil your requests, or to cooperate in any law enforcement investigation or an investigation on a matter of public safety.

PURPOSES FOR WHICH SWANNIES COLLECTS, HOLDS, USES AND DISCLOSES PERSONAL INFORMATION


Trusted third parties (and their directors, servants and agents), either in Australia or overseas, may contact you via Electronic Messages, telephone, post or any other form of electronic, emerging, digital or conventional communications channel using the personal information provided, in respect of the primary purposes for collection of personal information as stated above.

Swannies does not send advertising or marketing information without obtaining prior consent, for example the consent contained via a particular Collection Channel within this privacy policy. If you receive any form of communication from Swannies and would like to opt out of receiving any more such communication, you may remove your name from the database by utilising the functional unsubscribe facility. If applicable, you may also nominate your preferred contact methods by following the instructions provided in an electronic message.

Despite removing you from the database from receiving future advertising and marketing information or, if applicable, removing you from particular communication channels as selected by you, Swannies may send you non-commercial, administrative Electronic Messages which relate to an existing user account. Non-commercial, administrative Electronic Messages may include administrative and transaction confirmations, requests and inquiries or information about a particular Swannies user account.

If you no longer wish to receive any communications from Swannies via an Application, you may delete the Application from your mobile or other device.

CONTACT BY SWANNIES AND THIRD PARTIES


Swannies may provide areas on a Website or Application where you can upload user-generated content, post or provide information about yourself, communicate with other users, provide reviews for content, products and/or services or interact with or vote on particular content. This information may be publically posted on a Swannies Website or Application and/or shared with others, including without limitation, on social media platforms and other public forums in which you choose to participate. This information may become publically available and may be read, collected and used by others outside of a Swannies Website or Application. Swannies is not responsible for the conduct of others who may read, collect and use this information.

ABILITY OF OTHERS TO VIEW INFORMATION


Swannies is very sensitive to privacy issues. We are proud of our long-time commitment to our customers. Personal information will not be collected by any person who is known by Swannies to be under the age of eighteen (18) without the consent of a parent or legal guardian.

We urge parents to regularly monitor and supervise their children's on-line activities.

CHILDREN


Swannies will endeavour to take all reasonable steps to keep secure any personal information recorded, and to keep this information complete, accurate and up to date. All information is passed through to a secure server using encryption technology and stored on secure servers that are protected in controlled facilities, which in some cases may be overseas. Swannies employees and data processors are obliged to respect the confidentiality of any personal information held by Swannies. However, security of communications over the Internet cannot be guaranteed, and therefore absolute assurance that information will be secure at all times cannot be given. Swannies will not be held responsible for events arising from unauthorised access to personal information beyond Swannies reasonable control.

SECURITY OF PERSONAL INFORMATION


You are in control of any personal information you provide to us. If at any time, you would like to access, review, correct and/or delete the personal information we have about you, or if you would like to change your preferences for contacts from us, you can let us know via the contact details listed below. Please allow 30 days for this request to be processed.

Your personal information may be stored in different locations depending upon the reason for which you originally submitted the information. If you make an inquiry in relation to your personal information, the more information you can provide us about when you originally submitted your personal information, the quicker Swannies will be able to retrieve your personal information.

If requested, all reasonable steps to delete personal information will be made, except where it is required for legal reasons. Deletion of information may result in Swannies being unable to facilitate or provide you with information about certain transactions (including the uploading of, access to, and receipt of, content on a Website or Application, and purchase transactions undertaken on a Website or Application), other content, services or product information, upcoming promotions, competitions or event information, and/or provide certain content, products or services.

We are not responsible for removing your personal information from the lists of any third party who has previously been provided your information in accordance with this privacy policy.

ACCESS TO PERSONAL INFORMATION


Our Websites or Applications may, from time to time, offer links to sites that may be of interest to you but which are not operated by Swannies. Their inclusion cannot be taken to imply any endorsement or validation by us of the content of the third party website. Linked websites are responsible for their own privacy practices. If you visit one of these linked websites, you should review their privacy and other policies. We are not responsible, nor do we accept any liability, for the policies, practices and conduct of other companies linked to any Swannies Website or Mobile Application.

We may use third party advertisements on our Websites and Applications. All third party advertising, if paid for, is paid for by the relevant third party advertisers. Third party advertisements are not recommendations or endorsements by Swannies or any of its affiliates. To the extent permitted by law, Swannies is not responsible for the content (including representations) of any third party advertisement on a Website or Application. Cookies may be associated with these advertisements to enable the advertiser to track the number of anonymous users responding to the campaign.

LINKS TO OTHER SITES


All Websites and Applications operated by Swannies will adhere to this privacy policy. The policies on the Websites and Applications of some other members of the Swannies Family may vary, however, because of local customs, practices or laws.

RELATED SWANNIES WEBSITES OR APPLICATIONS


Many Swannies restaurants are owned and operated by franchisees, who are independent businessmen and businesswomen. Some franchisees also operate websites and are required to follow this privacy policy. If you are concerned that there may have been a breach of this privacy policy by a franchisee, please contact the relevant franchisee entity or Swannies restaurant directly.

FRANCHISEE PRIVACY POLICIES


From time to time, it may be necessary for Swannies to change this privacy policy without notice. We will post any changes to this privacy policy on our Websites and Applications. Rest assured, however, that any changes will not be retroactively applied and will not alter how we handle previously collected personal information.

CHANGES TO OUR PRIVACY POLICY


If Swannies merges with, or is acquired by, another company, or sells all or a portion of its assets, your personal information may be disclosed to our advisers and any prospective purchaser’s adviser, and may be among the assets transferred. However, personal information will always remain subject to this privacy policy.

SALE OF THE COMPANY


If you have any questions about our privacy policy, or any problems or complaints about how we have collected, used, stored, handled and/or disclosed your personal information, please contact us at:

Swannies Restaurant Pty Ltd ATF: Swannies Unit Trust (ABN: 94 300 154 748)

ATTN: Swannies Privacy Officer
34 Nerang Street
Soutport, Q, 4215

Telephone: (07) 5503 1180

Email: privacy@swannies.com.au

Please allow 14 days for this request to be processed. If you do not receive a satisfactory response from Swannies to your query, problem or complaint within fourteen (14) days, you may refer your query, problem or complaint to the Office of the Australian Information Commissioner via the contact details listed at http://www.oaic.gov.au/about-us/contact-us-page.

CONTACT US