CONCEPT EIGHT PRIVACY POLICY
Concept Eight Pty Ltd ACN 078 757 614, and Concept Eight Franchising Pty Ltd ACN 115 296 387(referred to as “Concept Eight”, “we”, “us” or “our”) and its related entities (including, but not limited to, NBX Marketing Fund Pty Ltd ACN 137 861 002, Supreme Leader Marketing Fund Pty Ltd ACN 633 508 326, Alabama Wings Pty Ltd ACN 640 129 513, Double Dragon Dumplings Marketing Fund Pty Ltd ACN 638 046 349, WIAB Marketing Fund Pty Ltd ACN 608 610 902, Pattysmiths Marketing Fund Pty Ltd ACN 620 844 653, Southern Seoul Marketing Fund Pty Ltd ACN 649 501 557, Plant Patty Marketing Fund Pty Ltd ACN 659 402 365, Nature’s Wok Marketing Fund Pty Ltd ACN 659 402 294, Dante’s Hot Chicken Marketing Fund Pty Ltd ACN 662 751 322 and Box IP Pty Ltd ACN 165 952 429) are committed to protecting the privacy of Personal Information in accordance with the Australian Privacy Principles*(1).This Privacy Policy sets out the way we handle Personal Information and includes information on how we collect, use, disclose, keep secure and provide to us via our stores, head office, this website or other means.
“Personal Information” means any information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained from the information or opinion. Your name, address, date of birth, gender identity, residential address, email address, telephone number and employment details are all examples of Personal Information. We do not collect Sensitive Personal Information (except as specified in the sections outlined below titled “Employment Applications” and “Franchise Applications”).
Collection of Personal Information by Concept Eight
Concept Eight will only collect Personal Information from you for which we reasonably require for one or more of our business functions or activities. We will collect this Personal Information in accordance with the Australian Privacy Principles.
The kinds and types of Personal Information we may collect from you from time to time will depend on what type of interaction you have with Concept Eight. It may include, however, the following, among other things:
Personal Information you provide to us when you participate in a promotion, competition, promotional activity, survey, market research or customer behavioural activity, subscribe to our mailing list or interact or follow our social media pages including (but not limited to) Facebook and Instagram. This information may include, for example, your name, postal address, email address, telephone number, date of birth, age, gender identity and occupation;
Personal Information you provide to us via visiting our stores, websites, mobile app (herby referred to as the ‘Concept Ate Rewards App’) or head office, or when you place an order in store, by telephone, via our website ordering system, via our Concept Ate Rewards App ordering system or via our delivery partners. This information may include, for example, your name, postal address, email address, telephone number, mobile number, date of birth, age, gender identity, menu preferences and previous order information, IP address and payment details;
Personal Information provided to us by participating in our loyalty program ‘ATE Rewards’. Customers who sign up for the ATE Rewards loyalty program have the option of supplying Personal Information including, but not limited to, your name, postal address, email address, telephone number, date of birth, and any opinions the customer may have. If you chose not to supply any or all of the Personal Information requested, you may not be able to participate in select loyalty and feedback programs.
If you are applying for an employment position with Concept Eight, we will collect information as outlined in the section below titled “Employment Applications”;
If you are applying to become a Concept Eight franchisee, we will collect information as outlined in the section below titled “Franchise Applications”;
As you navigate through our websites or access our Concept Ate Rewards App, certain information can be passively collected by us (i.e. gathered without you actively providing the information to us) using various technologies such as cookies, internet tags or web beacons, and navigational data collection (i.e. 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 our websites or ATE Rewards App are most commonly accessed. This information is generally not linked to the identity of the visitors, except where a website or ATE Rewards App is accessed via links in an email we have sent to the visitor or where we are able to uniquely identify the device or user accessing our websites or ATE Rewards App; and
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 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 our websites or ATE Rewards App via links in an email we have sent and/or by accessing our websites or ATE Rewards App where you have identified yourself, you consent to the collection of Personal Information.
In some circumstances, we may collect Personal Information from third parties such as credit reporting agencies or marketing agencies. Where we do, we will ensure that we act in accordance with the relevant Australian laws, such as, but not limited to, the Privacy Act 1988 (Cth).
With the exception of when you apply for a position of employment with Concept Eight or apply to become a Concept Eight franchisee, we will not collect Sensitive Personal Information about you unless you have consented to the collection of such information, or the collection of such information is required by law.
Employment Applications
Generally, the type of Personal Information we collect about employment applicants is the information included in your application for employment with Concept Eight, for example, your name, postal address, telephone number, email address, education details, employment history and other information relating to your work experience.
In considering your application, we may also obtain Personal Information about you from third parties, for example, from your previous employers or nominated referees. Subject to your consent, we may also collect Sensitive Personal Information about you, such as, but not limited to, information about your health (including any disabilities) or any criminal record you may have.
We collect Personal Information for any one or more of the following purposes:
Assessing you for a position with us or with one of our related entities;
Assessing whether you are a suitable applicant to progress to each stage of the recruitment process for a vacant position; and
Storing your information for future employment opportunities.
If we engage third party contractors to perform services for us which involves the handling of Personal Information, we will take all reasonable steps available to us to prevent the third party contractor from using the Personal Information except for the purposes for which it was supplied to them.
Franchise Applications
Generally, the type of Personal Information we collect about franchise applicants is the information included in the Concept Eight Application Form & Confidentiality Agreement, for example, your name, postal address, telephone number, mobile number, email address, education details, residency status, employment history, financial capacity and other information relating to your qualifications and experience.
In considering your application, we may also obtain Personal Information about you from third parties, for example, from your previous employers, business contacts or nominated referees. Subject to your consent, we may also collect Sensitive Personal Information about you such as information about any criminal record you may have or your membership with any professional or trade association.
We collect Personal Information for any one or more of the following reasons:
Assessing your application to become a Concept Eight franchisee;
Assessing whether you are suitable to progress to each stage of the Concept Eight franchisee recruitment process; and/or
Storing your information for future Concept Eight franchise opportunities.
If you do not provide us with the information that we reasonably request, we will be unable to do one or more of the above listed reasons.
We may disclose your information to:
Referees or previous employers;
Our related entities;
Law enforcement agencies for the purposes of verifying whether you have a criminal record; or
Educational organisations for the purposes necessary to verify your qualifications.
If we engage third party contractors to perform services for us which involves the handling of your Personal Information, we will take all reasonable steps available to us to prevent the third party contractor from using the Personal Information except for the purposes for which it was supplied to them.
How we store your Personal Information
Where we store your Personal Information depends on what interaction you have with Concept Eight. However, some storage locations may include (but are not limited to):
Databases for the purposes of processing enquiries or feedback; or
Email or SMS databases for the purposes of confirming and fulfilling orders.
We take all reasonable steps in ensuring the protection of your Personal Information from loss and unauthorised access. Unfortunately, however, no data transmission over the internet is guaranteed to be completely secure. Accordingly, although we strive and take reasonable steps in protecting such information, we do not warrant the security of any information you transmit to us from our online services, and you use these services at your own risk.
If a substantial data breach has, or may have, occurred (for example, your Personal Information was shared with unauthorised persons) we will notify you, and the Office of the Australian Information Commissioner, as soon as practicable about the actual or possible data breach.
We only keep your Personal Information for as long as it is required for the purposes for which is was collected, or as otherwise required by law. We will take all appropriate measures to destroy or permanently de-identify your Personal Information if we no longer have the need to retain it. These measures may vary depending on the type of information concerned, the way it was collected and/or the way in which it was stored.
How your Personal Information will be used
We collect your Personal Information so that we can use it for our functions and activities and provide products and services to you, which may include, among other things:
Processing orders you place with us in our stores or via our websites, ATE Rewards App ordering system, or delivery partners, providing you with an email or SMS confirmation of your orders, providing you with our products and processing refunds where applicable;
Administering and responding to your enquiry or feedback about our products;
Conducting, and allowing you to participate in, a promotion, competition, promotional activity, survey or market research;
Promoting and marketing current and future products and services to you, informing you of upcoming events and special promotions/offers and analysing our products and services for the purposes of improving and developing new products and services. Customers should note that they must have ‘opted in’ to receive marketing communications on the Concept Ate Rewards App to be able to receive promotion/offer codes and information;
Assisting you with remembering and re-ordering from our menu in the future;
Administering and conducting training programs;
Facilitating our internal business operations, including fulfilment of any legal and regulatory requirements;
Improving the operation and navigation of our websites and ATE Rewards App;
Processing and considering your employment application and conducting reference checks (in accordance with that outlined in the “Employment Applications” section above); and
Providing information that you request about our franchises and processing and considering your Concept Eight Application Form & Confidentiality Agreement and conducting record checks (in accordance with that outlined in the “Franchise Applications” section above).
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, or for such purposes as may be required by law. If Concept Eight uses or discloses your Personal Information for the purposes of direct marketing, you may request to ‘opt out’ and to not receive direct Marketing Communications from us or our related entities. Marketing Communications relates to all communications regarding After this request is made, we will cease sending direct marketing communications to you within a reasonable period of time (usually within five [5] business days from receiving your ‘opt out’ request).
Disclosure of Personal Information
We may disclose Personal Information we collect from you, from time to time:
To our related entities, suppliers, consultants, contractors or agents for the purposes set out in the “How your Personal Information will be used” section above, or for other purposes directly related to the purpose for which the Personal Information was initially collected;
To relevant federal, state and territory authorities for the purposes of investigating a food safety issue;
To Concept Eight franchisees if you have made an enquiry or complaint relating to a store that is owned and operated by one of our franchisees;
Where the law requires or authorised us to do so (whether in Australia or the relevant overseas authority);
To other entities or persons that you have been informed of at the time that any Personal Information was collected from you; and
With your consent (express or implied) to other entities or persons.
Some of our related entities and third party goods and servicers providers are located overseas (including, but not limited to, China, India, the Netherlands and the United States). Our agreements with these parties generally include an obligation for them to comply with the relevant Australian privacy laws. Whilst Concept Eight will take all reasonable care to ensure that overseas providers will handle your Personal Information securely, you acknowledge that by agreeing to the disclosure of your Personal Information to some, or all, of these overseas entities for the purposes stated above, Concept Eight will not be held accountable for any breaches of the Australian Privacy Principles by an overseas recipient.
Access to Personal Information and Correction
Concept Eight aims to ensure that any information we obtain from you is accurate. You can request to access your Personal Information or advise us of any required correction and information which you believe to be inaccurate by contacting Concept Eight at the email address help@conceptate.com.au
The exceptions as stipulated under the Australian Privacy Principles which may affect your right to access your Personal Information we store include, but are not limited to, the following:
Access would pose a serious threat to life or health of any individual;
Access would have an unreasonable impact on the privacy of others;
The request to access the Personal Information is frivolous or vexatious;
The information relates to a commercially sensitive decision making process;
Access would be unlawful or denying access is required/authorised by law;
Access would prejudice enforcement activities relating to criminal activities and other breaches of the law, public revenue, a security function, or negotiation with the individual; and
The information relates to legal dispute resolution proceedings.
To ensure the integrity and security of your Personal Information, Concept Eight will only disclose such Personal Information if our internal processes are satisfied. These internal processes include, but are not limited to:
A request to access Personal Information we hold about you must be made in writing to the email address specified above;
You are required to verify your identity;
You are required to specify the information you request access to;
We may charge a fee to cover the cost of verifying the application to retrieve the Personal Information and locating, retrieving, reviewing and copying any material requested; and
If the information sought is extensive, we may advise of the potential cost in advance.
Complaints Handling
Although we are committed to ensuring that, at all times, there is a strict adherence to the Australian Privacy Principles, in the event that you are dissatisfied in any way with the collection, use, storage and/or disclosure of your Personal Information or believe that there has been a breach, in any way, of the Australian Privacy Principles, we encourage you to contact us as soon as possible at the email address specified above.
All complaints are to be made in writing to Concept Eight. Concept Eight will then respond to your complaint/s in a reasonable period of time (within thirty [30] days). We may ask you to participate in a dispute resolution process in order to resolve your complaint. If you are not satisfied with the manner in which we deal with your complaint, you may refer it to the Office of the Australian Information Commissioner.
Policy Modifications
We may revise this policy from time to time. Any updated version of this policy will be uploaded to Concept Eight’s websites and the Concept Ate Rewards App. Please review this policy regularly.
This policy was last updated November 2023.
[1] https://www.oaic.gov.au/privacy/australian-privacy-principles
Contact information
Should you have any queries or concerns relating to our commitment to your privacy, please feel free to contact our guest relations team – help@conceptate.com.au.