PRIVACY POLICY

Privacy Policy effective: 1 November 2022.

Impeach Pty Ltd ACN 008 143 959 as trustee for Foodland Promotions Unit Trust (ABN 85 528 062 001) and its related bodies corporate (“we”, “our” or “us”) are committed to protecting individuals’ personal information in accordance with the Australian Privacy Act 1988 (Cth) (the “Act”).

Introduction

1. This Privacy Policy describes how we collect, use, disclose and manage an individual’s (“you” or “your”) personal information. This Privacy Policy is intended for individuals in Australia.

2. “Personal information” takes its meaning from the Act and means information or an opinion about an identified individual, or an individual who is reasonably identifiable, regardless of whether it is true or not and whether it is recorded in material form or not.

3. We do not usually collect “sensitive information” about you (this also takes its meaning from the Act, and includes things like your race, ethnicity, political opinions, philosophical beliefs, religious beliefs, sexual orientation, professional or trade association memberships, health information, genetic information, biometric data or criminal records).  If we do happen to collect sensitive information about you, we will obtain your consent prior to using or disclosing it for a particular purpose, unless we are otherwise authorised or required by law to do so.

4. We may update this Privacy Policy from time to time by publishing an updated version on our website.

5. You have the right to elect to deal with us anonymously or using a pseudonym. However, in most cases this will mean it is not practicable for us to provide our goods or services to you.

What kinds of personal information do we collect and how do we collect it?

6. The kinds of personal information we typically collect about you include (but may not be limited to):

• • • • • your name, gender and contact details (e.g. email, phone number, address, postcode);
        • your date of birth;
        • your residential or billing address and postcode;
        • your credit card or other payment details (if you purchase from us);
        • your purchase history and frequency, preferred brands or stores and other related information we collect or generate when you use our products or services;
        • if you are applying for a job or contract with us, any information relating to your current or former employment or engagements which you provide to us or which is otherwise generally available for us to view or collect (e.g. on LinkedIn);
        • technical or meta data and cookies about the device or browser you use to access our website or services, unless you have disabled these features; and
        • security video footage of persons attending our premises.

7. We usually collect your personal information directly from you through your dealings with us (e.g. when you speak with our staff or submit information to us, including on our website).

8. We may sometimes collect your personal information from a third party. We typically do this where the third party is helping us provide our goods and services to you (e.g. our delivery and logistics partners may provide us with information relating to your delivery experience or our payment processors may provide us with information relating to your payment to us). If you are applying for a job or position with us, we may also collect personal information about you from your previous employer, clients or referees, with your consent.

How do we use and disclose your personal information?

9. We use and disclose your personal information for the primary purpose(s) for which we collected it, which is usually apparent at the time you provide the information to us.

10. Some common examples of the primary purposes for which we use and disclose your information include:

• • • • • to enable us to provide our products or services to you;
        • to assist us with determining what products or services to offer in store or online;
        • providing aggregated customer demographic data (such as age and gender), geographic data (such as postcode) and shopping habits to our suppliers and potential suppliers on a ‘de-identified’ basis (that is, in a form which cannot be used to personally identify any particular customer);
        • to enable us to manage our dealings with you, such as payment, billing and delivery;
        • to include or identify you in a promotion you are participating in;
        • to confirm your age and that we are legally permitted to sell relevant products to you;
        • if you are applying for a job or contract with us, to enable us to assess whether we wish to offer you the job or contract; and
        • to enable us to safeguard against or pursue legal action for shoplifting and other illegal activities at our premises.

11. We may also use or disclose your personal information for a secondary purpose if we have your consent or where the secondary purpose is related to the primary purpose and would be reasonably expected by you.

12. Some common examples of other secondary purposes we may use or disclose your personal information for include:

• • • • • to analyse your transaction habits or how you use our services;
        • to combine your information with other information we hold to generate demographic or other data that is useful to our business;
        • to manage our business operations (e.g. keeping a customer database) and for security purposes (e.g. analysing video surveillance);
        • to enable our service providers to help us provide services to you (e.g. to our delivery partners) or to run our business (e.g. to our IT service providers);
        • to enable a potential buyer or financier of our business to assess our business;
        • to enable us to comply with law or a government or regulatory requirement.

Do we use your personal information for marketing?

13. Subject to the paragraph below, we may use your personal information to send you direct marketing if:

13.1.  you provided the relevant information to us yourself, and you are likely to expect us to use the information for direct marketing (please note that if you tell us you have read this privacy policy, we will assume you are aware that we may use your personal information to send you information about goods and services we think may be of interest to you); or

13.2.  in any other case, you have consented to us using the relevant information to send you direct marketing.

14. our direct marketing communications will always include an opt out. You can also contact us to opt out at any time using our contact details set out in this Privacy Policy. We will not send you direct marketing if you have opted out of receiving that type (or all types) of direct marketing from us.

Who do we disclose your personal information to?

15. The types of people we may disclose your personal information to in connection with the primary or secondary purpose we collected the information for include (but may not be limited to):

• • • • • our service providers (e.g. delivery partners and IT service providers who may have visibility of your information);
        • if you are applying for a job or position with us, your previous employer or referees (with your consent);
        • to our suppliers (on a ‘de-identified’ basis) to provide customer insights, as described in paragraph 10 above;
        • anyone else you consent to us disclosing it to.

16. We will not ordinarily disclose your personal information to someone located outside of Australia (overseas recipient). We would only provide an overseas recipient with access to your personal information where:

• • • • • we take reasonable steps to ensure that the overseas recipient does not breach the Australian Privacy Principles in the Act;
        • we obtain your informed consent under the Act prior to doing so; or
        • we are otherwise permitted to do so under the Act or another law.

How do we keep information secure?

17. We take reasonable steps to protect the personal information we collect from misuse, interference and loss and from unauthorised access, modification or disclosure and we destroy or de-identify personal information when we no longer need the information for any purpose for which it was collected and are not otherwise required by law to retain that information.

How can you access or correct your personal information?

18. We rely on the information you provide to us being accurate and complete but in some cases personal information we hold may be or become incorrect.

19. You can ask us for access to or to correct the personal information we hold about you by contacting our Privacy Officer using the details below.

20. We will not charge you a fee for requesting access, but in some instances access may be denied (e.g. where giving you access would have an unreasonable impact on the privacy of other individuals). We may charge a fee to retrieve and copy information for you but will advise you in advance of any such fees.

21. As a condition to providing you with access, we may also require you to identity yourself.

How can you ask a question or make a complaint?

22. If you have any queries or complaints in relation to how we have handled your personal information, please contact our Privacy Officer using the contact details below. We will acknowledge and respond to your query or complaint within a reasonable time.

23. If you are not satisfied with the way we handle your query or complaint, you may also lodge a complaint with the Office of the Australian Information Commissioner by:

• • • • • email: enquiries@oaic.gov.au
        • web: https://www.oaic.gov.au/privacy/privacy-complaints

How to contact our Privacy Officer

24.    Please send any privacy-related queries, concerns, or complaints to our Privacy Officer via:

• • • • • email: customersupport@foodlandsa.com.au
        • phone number: (08) 8351 9233
        • postal address: Foodland Supermarkets Support Office
          Level 1, 191 Flinders Street
          Adelaide SA 5000