Privacy Policy

1    Protecting your privacy

Hog's Breath Cafe (Australia) Pty Ltd ACN 071 132 655, The Funky Mexican Cantina Pty Ltd ACN 156 210 034 and our Related Entities (We, Us) are committed to protecting your privacy.  This document provides you with information on how we collect, use, store and disclose your personal information.

2    Definitions

In this policy:
Personal Information has the meaning given under the Privacy Act.
Privacy Act means the Privacy Act 1988 (Cth).
Related Entities has the same meaning as under the Corporations Act 2001 (Cth) and includes our franchisees.
Sensitive Information has the same meaning as under the Privacy Act.
Services means the offers and services provided by us or the companies and individuals who work with us, including our food, beverage and dining services and our Frequent Diner program.
Website means www.hogsbreath.com.au, www.hogsbreathcafe.com.au, www.hogsbreath.co.nz, https://www.facebook.com/hogsbreath, www.twitter.com/HogsBreath, www.funkymexicancantina.com.au and includes other forms of social media where you post comments or we interact with you.

The meaning of any general language is not restricted by any accompanying example and the words 'includes', 'including', 'such as', 'for example' or similar words are not words of limitation.

3    What Personal Information do we collect and why do we need it?

To provide you with our Services or if you apply for a job with us, including by using the links on our Website, we need to collect Personal Information.  If we do not collect the Personal Information or if any of the Personal Information you provide is incomplete or inaccurate, we may not be able to provide the Services or process a job application or the employment process may be compromised.
Depending on the nature of the Services we provide to you, the personal information we collect may include:

  • your name, email address, telephone numbers and residential address;
  • any information you provide if you apply for a job with us, including your qualifications;
  • date of birth;
  • Sensitive Information, for example, if you advise us of any medical conditions such as allergies;
  • credit card details; and
  • any other Personal Information relevant to the Services we provide to you.

For security purposes we have CCTV cameras in our restaurants and cantinas and your image may be recorded.

4     How do we collect the Personal Information?

We aim to collect Personal Information directly from you.  We may also collect Personal Information:
  • through our website and by other electronic communication channels (e.g. when you send us an email or post an entry on our Facebook page);
  • from third parties;
  • from publicly available sources of information;
  • when we are required to do so by law;
  • when you log onto or connect to our Website and our server automatically records information your browser sends (e.g. your IP address, how and when you travel through our Website, the pages and documents accessed, information about your usage, e.g. by way of cookies and other information provided by downloading information from our website).  However, unless your name is part of your email address or specifically provide it, our server does not automatically collect this information;
  • when you enter a competition or promotion with us, participate in a survey or register to receive information from us or register to receive information on any of our Services.
  • If at any time you supply Personal Information to us about any other person (e.g. another member of your household or you post a photo on our Website), you represent and we accept that information on the basis that you are authorised to do so and that the relevant person has consented to the disclosure to us.

5    How do we use your Personal Information?

We use the Personal Information we collect for operational purposes and to:
  • provide our Services;
  • comply with our licensing and other legal obligations;
  • respond to medical emergencies;
  • process your inquiries and improve our Services;
  • advise you of additional services or information which may be of interest to you;
  • provide your contact details to companies and individuals who have agreed to provide you with the offers described on our Website (you may opt out of receiving this information at any time);
  • for security purposes; and
  • develop our products and services.

We do not use Sensitive Information for marketing purposes.

If at any time you no longer wish to receive any additional marketing material from us or do not want your information disclosed for direct marketing purposes, contact us using the details in section 10 and we will remove your details from our marketing database. 

6    Disclosing personal information

We may be required to disclose your Personal Information by law, by court order or to investigate suspected fraud or other unlawful activity.
We may also disclose your Personal Information to third parties in certain circumstances including:

  • if you agree to the disclosure;
  • when we use it for the purpose for which it was collected, e.g. to provide you with Services;
  • in circumstances where you would reasonably be expected to consent to information of that kind being passed to a third party;
  • where disclosure is required or permitted by law;
  • where it is required to be disclosed for audit purposes;
  • to our Related Entities;
  • if disclosure will prevent or lessen a serious or imminent threat to someone's life or health; or
  • where it is reasonably necessary for the enforcement of the criminal law, a law imposing a pecuniary penalty or for the protection of public revenue.

When we disclose your Personal Information to our third party service providers, we will attempt to ensure that those service providers have reasonable data security policies and practices in place. 

7    Considerations when you send information to us

While we do all we reasonably can to protect your Personal Information from misuse, loss, unauthorised access, modification or disclosure, including investing in security software, no data transfer over the Internet is 100% secure.
The open nature of the Internet is such that information exchanged via the Internet may be accessed and used by people other than those for whom the data is intended. If you send us any information, including (without limitation) Personal Information, it is sent at your own risk.

If you provide Personal Information to us electronically, there are steps you can take to help maintain the information's privacy.  These include:

  • always closing your browser when you have finished your session;
  • NEVER providing Personal Information by using a public computer; and
  • NEVER disclosing your user name and password to another person.

You are responsible for all actions taken using your username, email or password.  If at any time you believe your username or password has been compromised, you should immediately contact us and also change your password.

You should also contact us immediately if you believe:

  • someone has gained access to your Personal Information;
  • we have breached our privacy obligations or your privacy rights in any way; or
  • you would like to discuss any issues about our Privacy Policy.

8    Use of our Frequent Diner Program overseas

(a)    We also operate in New Zealand. 
(b)    If you use our Frequent Diner Program at one of our overseas locations, some of your personal information will be available to the personnel in that store. 
(c)    If you provide personal information to one of our overseas locations, you do so in accordance with the privacy laws (if any) in that jurisdiction.
(d)    The overseas recipient may not be subject to any privacy obligations or to any principles similar to the Australian Privacy Principles.  The overseas recipient may also be subject to a foreign law which could compel disclosure of personal information to a third party, for example, an overseas authority.
(e)    If you consent to the disclosure and the overseas recipient handles the information in breach of the Australian Privacy Principles, you will not be able to seek redress under the Privacy Act, may not be able to seek redress in the overseas jurisdiction and we will not be accountable under the Privacy Act.
(f)    By providing us with personal information, you consent to us using and disclosing your personal information off-shore in the way we have described.  If at any time you wish to withdraw your consent, contact us using the details below.  However, we may not be able to provide you with access to the Frequent Diner Program in the overseas location.

9    How your information is stored

We endeavour to keep our information systems and files secured from unauthorised access.  Those who work with us, including our third party service providers are aware of the importance we place on protecting your privacy and their role in helping us to do so.

Our procedures to securely store Personal Information include electronic and physical security measures, staff training and use of password protection software. 

When the Personal Information that we collect is no longer required, we will remove or de-identify the Personal Information as soon as reasonably possible.  We may, however, retain Personal Information for as long as is necessary to comply with any applicable law, for the prevention of fraud, for insurance and governance purposes, in our IT back-up, for the collection of any monies owed and to resolve disputes. 

10    How you can update, correct, or delete your Personal Information

You may request access to your Personal Information or correct any inaccurate or out of date information by clicking here or contacting our Privacy Officer using the details below.  For security purposes, before we provide you with personal information, we will ask you to provide evidence of your identity.

You may request the source of any information we collect from a third party.  We will provide this at no cost, unless under the Privacy Act or other law there is a reason for this information being withheld. 

If there is a reason under the Privacy Act or other law for us not to provide you with information, we will give you a written notice of refusal setting out the reasons for the refusal except to the extent it would be unreasonable to do so and the mechanisms available to you to complain about the refusal.

11    Changes to our Privacy Policy

This document sets out our current Privacy Policy. 

Our Privacy Policy will be updated from time to time. You should review our Privacy Policy each time you visit our Website or provide us with Personal Information.

If you would like further information on our Privacy Policy or if you have any concerns over the protection of the information you have given to us or that we have collected from others, please contact us by contacting our Privacy Officer at:

Post:         PO Box 8068, Cleveland, Queensland 4163
Email:        katiekriedemann@hbca.com.au

More information about your rights and our obligations in respect to privacy and information on making a privacy complaint are available from the Office of the Australian Information Commissioner by:

Website:    www.oaic.gov.au
Post:         GPO Box 5218 Sydney NSW 2001
Email:        enquiries@oaic.gov.au


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