Lenard’s Privacy Statement


Lenard’s Pty Ltd Privacy Statement


Last updated 20 February 2020

Lenard’s Established 1987 Pty Ltd and its Related Entities (as defined in the Corporations Act 2001 (Cth)) (Lenard’s, we, us, our) understand the importance of, and are committed to, protecting your privacy. We comply with the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APPs), which regulate how we may collect, use, disclose and store personal information.

Please take a moment to read this Privacy Policy as it describes what happens to the personal information we collect about you. If you do not agree with the practices described in this Privacy Policy, please do not provide us with your personal information or interact with our website or social media pages.

Purpose

The purpose of this Privacy Policy is to:
• enhance the transparency of our operations;
• help you understand your rights (and our obligations) under the Privacy Act; and
• keep you informed of the ways we gather, manage, store and protect your personal information.

Changes to this Privacy Policy

We may change this Privacy Policy from time to time so please check our website regularly to stay informed of any updates. The updated Privacy Policy will be posted on our website at www.lenards.com.au, with the date of the update shown.

What is personal information and why do we collect it?

‘Personal information’ is information or an opinion about you (whether true or not) that identifies you or from which your identity is reasonably identifiable.

We collect personal information about you that we reasonably need for our business functions and activities, which primarily consists of providing retail and wholesale services in respect of poultry and other food products, restaurant services, and franchising services.

The nature of the personal information collected and maintained by us varies depending upon who you are and the purpose for collecting the information. If you are a customer, we generally collect the following types of information about you:

• your name, address, email address and telephone number;
• your date of birth, age and gender;
• your IP address and information about the device you use to access our website;
• a record of access date and times of products you peruse on our website;
• a record of product preferences and previous order information, if you are a member of our loyalty program; and
• card or account details for processing payments at the time of purchase which complies with International Payment Card Industry standards which are passed on to the Merchant Facility for payment processing and are not stored on Lenard’s systems.

If you apply to become a franchisee, employee or stockist with us, then in addition to the information above, we may also collect information for the purpose of assessing your suitability as a franchisee, employee or stockist. Such information may include details of your financial position, work and business experience, and creditworthiness.

We may also collect and use your personal information for activities in support of our primary business functions such as processing payments, administration, marketing, IT, legal, and customer support.

How do we collect information about you?

How do we collect personal information?

We will collect and hold your personal information in a fair and lawful manner, and not in an intrusive way. Where it is reasonably practical to do so, we will collect your personal information directly from you. We may collect the personal information you directly give us through some of the following means:

• when you place an order in-store, by telephone or via our website;
• when you submit information through our website, such as when you create an account or submit feedback or an enquiry using our online contact forms;
• when you contact us via telephone or email with an enquiry, complaint or feedback;
• through participation in a promotion, competition, loyalty program, mailing list or customer satisfaction and market research survey;
• when you submit an application to become an employee, franchisee or stockist; and
• when you interact with our website or social media pages, such as Facebook, Instagram, Twitter, LinkedIn and Pinterest.

However, in certain circumstances we may collect personal information from publically available sources and third parties, such as our franchisees or service providers.

If we collect personal information about you from a third party we will, where appropriate, request that the third party inform you that we are holding such information, how we will use and disclose it, and that you may contact us to gain access to and correct and update the information.

Unsolicited information

If we receive personal information about you that we have not requested, and if we determine that we could not have lawfully collected that information under the Privacy Act if we had requested it, we will destroy or de-identify the information (if it is lawful and reasonable to do so). If we collect your personal information in an unsolicited manner, we take reasonable steps to inform you of such collection and also how we use, disclose and secure your personal information. Such reasonable steps may include referring you to this Privacy Policy.

Information we collect through our website

If you use our website, we automatically collect the following information:
• web usage information (e.g. IP address); your login information including last login and any failed attempts to login, anonymised demographic information (e.g. age bracket or gender); device type, model, and screen dimensions; browser type and version; IP location, local language setting and time zone setting; operating system and platform; and
• information about your visit, including: the full Uniform Resource Locators (URLs); clickstream to, through and from our website (including date and time); time on page; page response times; download errors; length of visits to certain pages; page interaction information (such as scrolling, clicks and mouse-overs).

Where we collect information about you in the ways described above, we do so on the basis that it is in our legitimate interests to collect and process this data for statistical purposes. We collect and process this information to ensure that our website is functioning properly and that our customer experience is to the standard that you and we expect.

Do you need to provide your personal information?

You can deal with us anonymously (without giving us your name and contact) or by using a pseudonym or nickname. If you contact us through social media or telephone with a general enquiry we will generally not seek identifying information unless we need it to respond to your request.

If you choose to deal with us anonymously or by using a nickname, there are some things we cannot do. For example, we may not be able to assess your suitability as an employee or franchisee, or give you information about your dealings with us as a customer.

Why do we collect and handle your personal information?

As a general rule, we only process personal information for purposes that would be considered relevant and reasonable in the circumstances. We collect, hold, use and disclose personal information to:

• offer and provide you with our products and services;
• manage and administer our business, including account keeping procedures;
• communicate with you, including (but not limited to), emailing you tax invoices and marketing material (such as providing information about Lenard’s products, store availability and promotional offers);
• seeking feedback to improve our products and service offering and develop good relationships with our customers;
• assess the suitability of potential employees, franchisees and stockists;
• comply with our legal and regulatory obligations; and
• otherwise to manage our business.

We will not use or disclose your personal information for any other purpose unless you have consented to that use or disclosure.

We may disclose personal information between our related entities or to third parties such as:

• to Lenard’s franchisees if, for example, a customer has made an enquiry relating to a store that is owned and operated by that franchisee;
• to relevant Federal, State and Territory food safety authorities and health authorities for the purposes of investigating a food safety complaint or issue; and
• to our technology, marketing and other service providers for the purposes of operating and improving our business and product offerings.

If we disclose information to a third party, we generally require that the third party protect your information to the same extent that we do.

Protection of personal information

We will hold personal information electronically on the Lenard’s intranet system and on our internal database. In some cases your personal information may be held on third party servers, such as Amazon Web Services, which are located overseas.

We maintain appropriate physical, procedural and technical security for our offices and information storage facilities so as to prevent any loss, misuse, unauthorised access, disclosure, or modification of personal information. This also applies to disposal of personal information.

We will destroy or de-identify personal information once it is no longer needed for a valid purpose or required to be kept by law.

Marketing

Like most businesses, marketing is important to our continued success. We believe we have a unique range of products and services that we provide to customers at a high standard. We therefore like to stay in touch with customers and let them know about new opportunities. We may use your personal information (such as your contact details and our record of products you have perused) to send you:

• e-newsletters; and
• other email or social media communications about products or services we think may be of interest to you.

We may disclose personal information to marketing agencies or service providers who are acting on behalf of Lenard’s for the purpose of marketing Lenard’s products and services. Your personal information may accordingly be transmitted to and stored by those service providers on servers outside of Australia. We do not sell customer data.

You may opt out at any time if you no longer wish to receive marketing information from us. You may do this by contacting us at privacy@lenards.com.au or by using the ‘unsubscribe’ function embedded in our marketing emails.

Cookies

A cookie is a small text file stored in your computer’s memory or on your hard disk for a pre-defined period of time. We use cookies to identify specific machines in order to collect aggregate information on how visitors are experiencing our website. This information will help to better adapt our website to suit personal requirements. While cookies allow a computer to be identified, they do not permit any reference to a specific individual. For information on cookie settings of your internet browser, please refer to your browser’s manual.

Overseas disclosures

From time to time we may engage an overseas recipient to provide services to us, such as Amazon Web Services and other providers of cloud-based data storage solutions. Please note that the use of overseas service providers to store personal information will not always involve a disclosure of personal information to that overseas provider.

By opting in to receive marketing from us, you:

• consent to us sharing your personal information with our overseas service providers, including Amazon Web Services, for the purpose of facilitating our marketing;
• consent to your personal information being transmitted and stored in servers located outside of Australia, and acknowledge APP 8.1, as outlined in Schedule 1 to the Privacy Act, will not apply to the use of the information;
• acknowledge that some of our service providers may not be subject to the Privacy Act and, in the event that an overseas recipient breaches the APPs, that entity will not be bound by the Privacy Act, and you may need to seek redress under laws of other jurisdictions; and
• overseas service providers may be located in the United States, India, Russia, Japan and China.

Accessing and correcting your personal information

You may contact our Privacy Officer to request access to the personal information that we hold about you and/or to make corrections to that information, at any time. We will deal with your request within a reasonable time. We may recover reasonable costs in relation to a request for access to personal information.

On the rare occasions when we refuse access, we will provide you with a written notice stating our reasons for refusing access. We will also provide you with avenues to complain about our refusal to provide you with access to the information.
We are not obliged to correct any of your personal information if we do not agree that it requires correction. If we refuse a correction request, we will provide you with a written notice stating our reasons for refusing.

GDPR – additional rights for EU residents

If you are a resident of the European Economic Area the additional rights contained in this section also apply to you.

We are a data controller of your personal information for the purposes of the General Data Protection Regulation 2016/679 (GDPR). Under certain circumstances, the GDPR grants you certain rights in relation to your personal information. In summary, you have the right to:

• request access to your personal information (known as a data subject access request);
• request rectification of incomplete or inaccurate personal information that we hold about you;
• request erasure of your personal information (we must comply with such a request unless there is a reason for us to continue to hold and process it);
• object to processing of your personal information in certain circumstances, for example, if you feel our processing impacts on your fundamental rights and freedoms;
• request restriction of processing of your personal information;
• request the transfer of your personal information to you or to a third party; and
• withdraw your consent if we are relying on consent to process your personal information.

To exercise any of the above rights, please contact our Privacy Officer on the details below.

Who to contact

If you have any questions, concerns or complaints about this Privacy Policy, or how we handle your personal information, please contact our Privacy Officer using the contact details provided below.

Lenard’s Pty Ltd
Address: 14 Tombo Street, Capalaba QLD 4157
Telephone: 07 3100 7800
Email: privacy@lenards.com.au

We take all complaints seriously, and will respond to your complaint within a reasonable period. You may also lodge a complaint with the Office of the Australian Information Commissioner using the contact details provided below.

Office of the Australian Information Commissioner
Address: GPO Box 5218, Sydney NSW 2001
Telephone: 1300 363 992
Email: enquiries@oaic.gov.au