© 2024 Quality Is Our Recipe, LLC
Wend Australia Pty Ltd ACN 669 935 915 is the franchisor of the Wendy’s system in Australia (collectively referred to as “Wendy’s”, “we”, “us” , or “our”), and we are committed to protecting the privacy of personal information in accordance with Australian privacy laws
This Privacy Policy sets out how we collect, hold, disclose, use, protect and otherwise manage your personal information.
We may, from time to time, review and update this Privacy Policy, so please check this website periodically to stay informed of any updates. All personal information we collect and hold will be governed by the most recently updated Privacy Policy. We will only collect personal information from you that we reasonably require for one or more of our business functions or activities and will do so by lawful and fair means. By visiting our website (including www.wendyshamburgers.com.au), ordering at any of our stores (including franchise stores), or giving us your personal information, you agree to your personal information being collected, stored, used, disclosed and managed in accordance with this Privacy Policy.
The kinds of personal information we may collect from you will depend on what type of interaction you have with us. In most cases, this personal information includes your first and last name, date of birth (whether complete or partially), postal address, telephone number, email address, details about your order (if you made an order), social media profile (if applicable), IP address and credit details (whether you have made an order or entered your payment method on our website. Furthermore, it may include, 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 like Facebook, Facebook Messenger, Twitter, Instagram and TikTok. This information may include additional personal information such as your gender, age, occupation, and profile picture;
• Personal information you provide us via our stores or customer services centres or when you place an order. This information may further include previous order information, profile photo on social media, and any other information you make public;
• If you are applying for a position with Wendy’s, we will collect information as outlined in the section below entitled “Employment Applications”;
• If you are applying to become a Wendy’s franchisee, we will collect information for the use and purpose outlined in the section below entitled “Franchise Applications”.
In some circumstances, we may collect and share your personal information with third parties, such as credit reporting agencies (such as Experian, Illion, Equifax) or our marketing agencies. We may also share your personal information with our counterparts in the United States of America and our master franchisor. Where we do, we will ensure that we act in accordance with relevant Australian laws. With the exception of when you apply for a position with Wendy’s or to become a franchisee, we will not collect sensitive information about you (such as information about your racial or ethnic origins or political or religious beliefs) unless you have consented to such collection or the collection is required by law.
Your information may be collected and stored by us in various ways, including when you:
• Apply for a position at Wendy’s;
• Apply to become a franchisee of the Wendy’s franchise;
• Visit our website;
• Register your information on our website, social media pages or other platforms managed by us or a third party that has been engaged by us;
• Place an order via our ordering methods (which may change from time to time);
• Enter our competition or promotion, or a competition or promotion authorised by us and run by a third party;
• Subscribe to our newsletter;
• Participate in a survey or feedback form;
• Contact any of our employees, contractors or officers; and
• As required by any legislative instrument.
Your personal information is held and stored in both hard copy and electronic form, and may be stored by us or by a third party that we have engaged to store your personal information. We, and the third parties we have engaged, have all reasonably security measures to safeguard and protect your personal information. Where we store your personal information depends on what interaction you have had with us and how we use your personal information.
Although we and the third parties that we have engaged take all reasonable steps to protect your personal information from misuse, interference, loss or unauthorised access, no data protection or security measures can be guaranteed as totally secure, and data breaches may occur. We, and the third parties that we have engaged, cannot guarantee the security of your personal information, and by providing us with your personal information, you accept and acknowledge this fact.
If a data breach has or may have occurred, we will, where relevant, notify you and the relevant government bodies about that actual or possible breach. We only keep your personal information for as long as it is required for the purpose it was collected or as otherwise required by law. We will take appropriate measures to destroy or permanently de-identify your personal information if we no longer need to retain it. These measures may vary depending on the type of information concerned, the way it was collected and how it was stored.
We do not store any credit card details for in-store purchases. We may, however, collect an unidentifiable record of the types of credit cards used and the frequency with which credit cards are used.
You can request access to, or deletion of, your personal information that we hold at any time by contacting our Privacy Officer (below). We may decline your request to delete certain personal information in circumstances where allowed by the applicable legislative information. If we refuse your request, we will provide you with our reasoning.
We collect your personal information so that we can use it for our functions and activities and provide products and services to you, which include, among other things:
• Processing orders you (or another person who has nominated you as the recipient) place with us through our ordering methods, providing you with email or SMS confirmation of your meal orders, providing you with our products and services and processing meal refunds where applicable;
• Administering and responding to your enquiry or feedback about our pr ducts and/or services;
• Conducting and allowing you to participate in a promotion, competition, promotional activity, survey, market research or customer behavioural activity;
• Promoting and marketing our current and future products and services to you, informing you of upcoming events and special promotions and offers and analysing our products and services to improve and develop new products and services;
• Assisting you with remembering and re-ordering from our menu in future;
• Administering and conducting traineeships;
• Facilitating our internal business operations, including fulfilment of any l gal and regulatory requirements (including our franchise network disclosure obligations);
• Improving the operation or navigation of our websites;
• Processing and considering your employment application and conducting reference checks (refer to Employment Application section below);
• Providing marketing materials and promotions;
• Processing a refund or redelivery of the order;
• Verifying your nominated electronic payment method; and
• Providing information you request about our franchises and processing and considering your franchise application and conducting record checks (refer to Franchise Application section below).
Complying with our obligations under the Franchising Code of Conduct, including the storage of personal information relating to prior directors of a franchise, including their names, locations, and contact details (such as personal mobile number and email address), and disclosing them where required per the Franchise Code of Conduct in our disclosure document. Such disclosure will only occur if we receive the express consent in writing from a former franchisee (refer to the Franchise Application section below).
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 or permitted by law. Further to the uses we’ve outlined above, we also use Google Analytics. You can learn more about that service at www.google.com/policies/privacy/partners/.
We may disclose personal information we collect from you:
• To our related companies, suppliers, consultants, contractors or agents for the purposes set out in the section above entitled “How your personal information will be used” or for other purposes directly related to the purpose for which the personal information is collected. For example, your name and telephone number may be disclosed to our supplier to enable that supplier to respond to your request for information about a particular product it produces;
• To relevant government authorities as required by law;
• To Federal and State educational training institutions to conduct retail training and receive funding for such training;
• To Wendy’s franchisees (and potential Wendy’s 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 authorises us to do so;
• To third parties that you have been informed of at the time any personal information is collected from you, such as in connection with a promotional event;
• If you make an order with a payment method other than cash, then your details will be disclosed to our electronic payment processors such as PayPal, Afterpay, Google Pay, and Apple Pay; and
• With your consent (express or implied) to others.
Such disclosure may include the transfer of your personal information to our related entities and third party service providers located in countries outside of Australia (including but not limited to the United States of America). Our contracts with our third- party service providers generally include an obligation to comply with Australian privacy laws and this Privacy Policy. However, by agreeing to this Privacy Policy, you acknowledge and agree that we do not need to actively take reasonable steps to ensure that these third-party service providers are compliant.
At the point we collect information from you, you may be asked to “opt in” to consent to us using or disclosing your personal information. You will generally be given the opportunity to “opt out” from receiving communications from us.
For emails, you may “opt out” from receiving these communications by clicking on an unsubscribe link at the end of an email.
For SMSs, you may “opt out” by following the instructions contained in the SMS.
You may at any time contact our Privacy Officer to “opt out” from any of our marketing and communication databases.
Where your personal information has been disclosed to a third party by us (such as through a promotional event), you may contact that third party directly and “opt-out” of any direct marketing from them.
We secure our systems against any potential fraudulent activity in order to protect any personal or sensitive information that we hold about our customers. Generally, our firewalls block any traffic that may be suspicious from entering our systems. This may include any traffic received from customers who use a VPN or IP address blocking software.
If you are using a VPN or IP address blocking software, an unsubscribe link included in an email or SMS may be blocked. If you have any difficulty using the unsubscribe link, please disconnect from the VPN or IP address blocking software or contact us to request to be unsubscribed.
Generally, when you apply for a position with us through our career webpage, a third party such as Seek.com.au or a recruitment agency, we will collect and store the type of personal information we reasonably require to assess your job application. Depending on the position that you are applying for, we may collect and store some or all of the following information (without limitation) from you:
• full name;
• Gender;
• Date of birth and/or age;
• postal address;
• telephone number and email address;
• education details;
• employment history and other information relating to your work experience;
• information that would enable us to identify you and your work entitlements in Australia, such as your driver’s licence or passport details;
• references (it is your responsibility that you provide us with contact details of people who have provided their express consent to you for their personal information to be included in your employment application);
• driving records and car details such as the make, model, registration number, and insurance policy.
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 information about you such as information about your health (including any disability) or any criminal record you may have.
We may, unless you tell us otherwise, store your personal information for future employment opportunities.
We may also disclose your information to:
• Your nominated referees or previous employers;
• Recruitment agencies or agencies or contractors acting on our behalf;
• Our related entities;
• Law enforcement agencies to verify whether you have a criminal record;
• Educational organisations to the extent necessary to verify your qualifications;
and
• Other government bodies for the purposes of assessing your working rights in Australia and your driving record.
If we engage third party contractors to perform services for us which involves handling personal information, we will take reasonable steps to prevent the contractor from using the personal information except for the purpose for which it was supplied.
You may contact us at any time to have your personal information deleted from our system for any job applications you have submitted.
Cookies are pieces of information that our web server may send to your internet browser when you visit our website. Cookies can facilitate your ongoing access to and use of this website. They allow us to track usage patterns and to compile data that can assist us improve our content, products, services and target advertising. Your internet browser cookies may also pre-fill certain forms on our website (including any websites that are run by third parties in connection with this Privacy Policy) with the personal information that you have saved. If you do not want information collected through the use of cookies, your internet browser may allow you to deny or accept the cookie feature. However, certain features of this website may not work without cookies and this may limit the services provided by our website.
We also use your IP address to help diagnose any problems with our server and administer our website. Your IP address is used to help identify you and to gather broad demographic information about you.
With most internet browsers, you may have the option to delete Cookies from your computer or block all cookies. Please refer to your internet browser’s instructions to learn more.
We may offer links to websites that are operated by third parties. If you visit one of these linked websites, you should review their privacy and other policies. A link to a third party website is not an endorsement by us as to the accuracy or trustworthiness of that website or any contents and information collected, and we are not responsible for the policies and practices of those third party websites.
You may, at any time, request access, correction or deletion of any personal information we hold about you by contacting us (refer to the Privacy Queries section below). If you make an access, correction or deletion request, we may ask you to verify your identity and put your request in writing for security reasons.
If you have any questions or complaints about how we handle your personal information or a breach of this Privacy Policy or the Australian Privacy Principles, please contact our Privacy Officer at:
Email: wendysau@flynnrg.com.au
Address: Privacy Officer
Wendy’s Australia
Level 2, 65 Epping Road,
Macquarie Park NSW 2113
Our Privacy Officer will consider your question or complaint and respond to you in a reasonable timeframe.
If your complaint cannot be resolved promptly, we will provide you with an acknowledgement receipt of your complaint with an appropriate timeframe for the completion of our investigation into your complaint. We may ask you to provide further information, and if you fail to do so, we may not be able to progress your complaint. In most cases, we will investigate and respond to a complaint within 30 days of receipt of the complaint.
If you are not satisfied with our response to your complaint or consider that we have breached the applicable Australian privacy laws and regulations, you may refer your complaint to the Office of the Australian Information Commissioner by either telephone at 1300 363 992 or by visiting their website at www.oaic.gov.au.
Last updated on: 9 January 2025