TONY & MARK’S PRIVACY POLICY
We value your trust and take the protection of your personal information very seriously. This document outlines the way in which we collect, hold, secure, use and share your personal information. It is encouraged that you read the below information to ensure you are aware with how we handle your personal information. If you have any questions regarding the contents, we invite you to contact a team member, whose contact details are contained in Section 17 below.
This Privacy Policy applies to all Tony & Mark’s subsidiaries unless that subsidiary has adopted a separate policy.
1. What is Covered by this Privacy Policy?
This Privacy Policy outlines our personal information management practices, including how we collect, hold, secure, use and share your personal information. Specifically:
• The kinds of personal information we collect and hold
• How we collect and hold it
• The purposes for which we collect, hold and use it
• How we secure it
• How, and to whom, we share your personal information
• Your right to access and correct information
• How you may contact us if you wish to make a complaint or enquire about privacy matters
There are some matters to which this policy does not apply. Please refer to Section 15 below.
2. What is Personal Information?
As defined by the Privacy Act 1988 (Cth), “personal information” is information or an opinion about an identified individual, or an individual who is reasonably identifiable:
(a) Whether the information or opinion is true or not; and
(b) Whether the information or opinion is recorded in a material form or not.
Any time we use the term “personal information” in this policy, we are referring to this legal definition of the term.
3. What Personal Information does Tony & Mark’s collect and hold, and how is it collected?
We always seek to provide the highest level of service. We collect and hold necessary personal information in order to enable business activities such as using your personal information to advertise goods and services that may be of interest. If we do not collect the information, we may not be able to provide this service.
We collect your personal information directly from you when you activate or use our services, interact with us, either in person, over the telephone or electronically (e.g., via websites, apps, social media posts, chats, telephone, emails and/or SMS) or as otherwise permitted by law. We may also collect personal information about you from third parties. Below are some examples of personal information we may collect from you and how we collect that information:
The types of personal information we collect and hold in regards to our Loyalty Program members may include:
- Name(s);
- Contact details (e.g. address(es), email address(es), telephone number(s)
- Date of birth
- Membership Number or other personal identifiers related to your participation in the Program
- Details of your local store
- Household / Demographic Information; Transaction information / history (including details of the products you purchase, and the value of your purchases
- Details and history of preferences, interests and behaviour relating to transactions, products and interaction with our digital services and platforms
- Records of your automatic competition entries
- Your browsing history and cookie preferences
- Records of your communications and interactions with us
- Information regarding your participation in third party loyalty programs associated with the Program
- Other personal information you provide to us or to Tony & Mark’s Retailers.
The kind of information we may collect regarding other participants in the Program (such as Tony & Mark’s Retailers and rewards providers) includes:
- Name(s);
- Contact details (e.g. address(es), email address(es), telephone number(s)
- Date of birth
- Relevant employment details e.g. role title
- Any other personal information those participants provide to us.
From time to time, you may provide to us, and we may collect from you, the personal information of a third party. Where you provide the personal information of third parties, you agree that you will ensure that those persons are aware of this Privacy Policy, understand it and agree to accept it, and that you have their consent to provide the information to us.
When you shop with us, including online, or browse our sites or apps:
- Your contact details, delivery address, and loyalty card number
- Information about your orders and purchases, including what, how, and when you buy from us
- Whether you have taken up or subscribed to any of our offerings such as clubs, subscriptions or loyalty programs
- Information about your online browsing behaviour on our internet sites and apps, including promotions you activated, as well as items you have added to your cart
- Information collected and held via our secure financial systems about the payment method used
Like many websites, tracking technologies, such as “cookies”, are used to obtain certain types of information such as application activities, current location of your device, type and version of your browser, your device ID and other device metrics when you visit our websites, apps or our trusted partners’ websites or apps
- Images and videos posted online to facilitate our service provision or sales promotions
- Information we collect via our apps on mobile devices or smart devices (e.g. smart watches), for example the current location of your device, type and version of your browser and, your device ID and other device metrics, as allowed by your device permissions.
When you contact us or we contact you to take part in competitions, promotions, testimonials, reviews, surveys, focus groups or make other enquiries:
• Your contact details and loyalty card number
• Whether you activated the promotion
• The content of online communications with you, including competitions, promotions, feedback, reviews, ratings, comments and images included on any of our websites, apps or social media pages.
• An electronic copy of the written communication or voice recording of the conversation
When you visit us in person, including for events:
- Your contact details and loyalty card number for in-store services such as pick up, home delivery or special orders
• Cameras (including security, smart and team safety cameras) may record footage and other data which may identify you
• Your contact details if security or team members are investigating whether you may have breached any store procedures or if you are injured in any one of our stores or are witness to an incident
• Any other information that you provide to us (for example if you choose to leave your details with us for recruitment or other purposes).
When you purchase a Tony & Mark’s Gift Card from us:
• Your contact details
• Your gift card ‘Card Number’ and the corresponding ‘PIN’
• Balance on the gift card and its transaction history.
Other sources:
From time to time we may also collect personal information about you from other sources to help us supplement our records, improve the personalisation of our service to you, provide services to third parties and detect fraud.
For example, we may collect personal information from:
• Our trusted partners to confirm your membership of the loyalty program, e.g to redeemed Tony & Mark’s Rewards points
• Information service providers to improve data quality e.g, we validate addresses with delivery couriers to improve your delivery experience
• Financial services organisations for fraud prevention.
5. Can I provide someone else's Personal Information to Tony & Mark’s?
Yes, you may provide someone else’s personal information to us, for example,
• When you purchase a gift for others; or
• Place an order on someone else’s behalf.
You must have their consent beforehand and we may ask you to provide evidence of that consent. You should not provide someone else’s information if you do not have their consent, or for malicious purposes.
6. Do you Collect my Sensitive Information?
Sensitive information is only obtained with your consent or in certain limited permitted situations.
7. How does Tony & Mark’s Secure my Personal Information?
Your personal information is important to us. We design our systems with your security and privacy in mind.
Any personal information we hold is generally stored electronically in computers or cloud systems operated by us or by our service providers. We implement a range of information security measures and encryption protocols when we handle your personal information to protect it from unauthorised access, loss, misuse or wrongful alteration.
We may collect information from your current device using cookies or other technologies, including your online browsers or apps to protect your account security. See Section 3 for examples of what kinds of information we may collect.
We use security measures such as physical and technical security access controls or other safeguards, information security technologies, policies, procedures and training programs to ensure the security of your personal information.
We protect your payment card details with encryption and hashing methods. We ask that you not include your full card details when you communicate with us via email, SMS or chat messages. If we have to make a reference to your payment card number, we will only refer to the last four digits in any form of written communication.
8. For what purposes does Tony & Mark’s collect, hold and use my Personal Information?
We primarily collect, hold and use your personal information to supply, promote and sell goods and services that you have requested, or which we think may be of interest to you, so that we can improve and personalise your experiences. This may also include the products and services of our suppliers and trusted partners.
We may use your personal information for purposes which are incidental to the sale and promotion of our goods and services, or for other purposes which are within your reasonable expectation or permitted by law.
In addition, your personal information may be used for the following purposes:
• Personalisation: To identify your preferences, to recommend features, products, and services that may be of interest to you, and to personalise your experience with Tony & Mark’s.
• Communication: To send you offers and other communications that may be of interest to you.
• Create and maintain your loyalty account: To capture and reward your shopping behaviour, and to provide customer support if needed.
• Investigation: To assist in responding to your complaints or enquiries and to undertake investigations.
• Fraud detection and security: To verify your identity and to detect fraud activities. We may conduct auditing and monitoring of transactions and financial engagement.
• Improve our services and customer experience: To analyse performance, improve our systems and improve the usability, functionality and effectiveness of our products and services.
• Corporate services: Allow us to provide support services, including recruitment services, or to third parties.
• Analysis: To analyse your personal information in an anonymised and combined way when we communicate with you about your preferences; for example, weekly personalised specials.
9. Who does Tony & Mark’s share my Personal Information with and why?
Your personal information is important to us and we are very focused on making sure it remains safe.
We use data, including personal information in some cases, to understand the preferences and shopping patterns of our customers and to produce other insights.
In most cases, we employ techniques such as grouping, combining and anonymising, so that we don’t need to use your personal information to understand those preferences or patterns, or to produce insights.
We may also share anonymised preferences and insights with our suppliers, partners and service providers to assist with the marketing of products and services, without revealing your personal information.
There are limited circumstances when we share or use your personal information in a form that can clearly identify you, such as:
• When you make a written request to share your information with a third party
• To related bodies of, or business units or brands within, Tony & Mark’s
• For fraud detection and security protection
• When legally permitted or required, including assisting with contact tracing or police investigations or where required by law enforcement agencies
• With third parties, such as partners, suppliers, or service providers, when we need their assistance in our day-to-day business operations or so we can work with them to provide services to you.
There are also limited circumstances in which we may share your personal information with third parties, such as:
• Financial services organisations or specialised service providers for fraud detection (when we process your payments)
• Print partners for direct mail and card fulfilment (when you register and order a loyalty card from us)
• Those helping us to improve data quality, such as Australia Post (when you provide your address to us)
• Expert data partners (in encrypted form) to provide us with insights (when you shop with us or when you join our loyalty programs)
• Our partners
Tony & Mark’s do not sell, rent or otherwise compromise your information.
10. Marketing Communications
When you register to hold an account or become a member of any Tony & Mark’s brand or program, we may send you commercial electronic messages and tailored advertising if you agree to let us do so. We may send you these messages via various channels and media (including by email, SMS, phone and mail, or via advertising on certain websites and social media), where you have not opted out of receiving such electronic messages from that Tony & Mark’s brand or program in that channel.
You can opt out of commercial electronic messages, eg. emails and SMS, by:
• Using the unsubscribe facility in any commercial electronic message; or
• For in-app notifications and advertising on certain websites and social media, by adjusting your device setting or online privacy settings.
Details on how to opt out of commercial electronic messages in relation to each Tony & Mark’s brand or program are contained within the terms and conditions for the program. It is important to note that opting out of receiving commercial electronic messages from any one of Tony & Mark’s brands or program will not withdraw your consent to receive messages from other Tony & Mark’s brands or programs.
Regardless of whether you opt-out of any or all commercial electronic messages, you will still receive information we are required by law to provide to you or service-based communications. Each Tony & Mark’s brand and program sends different service-based communications (such as communications relating to terms and conditions, your account or your orders). The terms and conditions for each brand and program sets out what is considered a service-based communication for that brand or program.
If you would like more information about how we may, or may not, send you commercial electronic messages, including in relation to specific Tony & Mark’s brands or programs, please see the terms and conditions of each of those Tony & Mark’s brands or programs.
11. Does Tony & Mark’s share Personal Information Overseas?
Some of our service providers, including data storage and technology service providers, may be located or use locations outside of Australia.
Where we share personal information overseas, we take steps to ensure that our service providers are obliged to protect this personal information in accordance with Australian legal requirements and that they are only permitted to use personal information for the purpose for which it is shared.
Our service providers or their data storage servers may be located, and may store your personal information from time to time, in a number of countries.
Tony & Mark’s do not sell, rent or otherwise compromise your information.
We may share your personal information overseas for reasons including:
• Where we have made a business decision to engage with a trusted service provider to assist with certain functions, including data storage, combining and analysing data and processing data
• When our supply to you necessarily involves overseas disclosures.
• Where you are involved with public liability issues, we may share your personal information with our overseas insurer or other supplier of relevant services in the course of managing those issues.
12. How can I access my Personal Information?
You have a right to request access to the personal information we hold about you. You can access or correct your personal information on your online profile via your online account at any time.
However, before we provide you with access to your personal information, we may require verification of proof of identity. There is no charge to submit a request to correct or access your personal information, however, we may charge a reasonable fee for giving access to your personal information if your request requires substantial effort on our part.
If you would like a copy of the personal information held by us about you, please contact Tony & Mark’s’ Privacy Officer using the details shown in Section 17 below.
13. How can I correct my Personal Information?
Personal Information can be updated on our website, login into your account and edit your details.
14. How can I make a Complaint about the Management of my Personal Information?
If you would like to raise a complaint regarding a breach of the Australian Privacy Principles, you may email rewards@tonyandmarks.com.au. We may ask you to put your complaint in writing and to provide relevant details. We may discuss your complaint relevant personnel and service providers. We will respond to your complaint in a reasonable period of time (usually within 30 days).
If you disagree with our decision, you may refer your complaint to the Office of the Australian Information Commissioner (OAIC).
15. What other Privacy Terms may apply?
There may be additional privacy notices and terms relevant to you depending on the nature of your dealings with us and on our particular businesses. There are additional privacy terms in our loyalty program and for use of our online sites.
This policy does not apply to the personal information of our team members (employees and contractors) in their capacity as such.
16. How will I know if Tony & Mark’s makes changes to this Privacy Policy?
This Privacy Policy is current from 22 April 2022. We may change it periodically. If we propose to change this policy, we will display the proposed policy on www.tonyandmarks.com.au at least 2 weeks before any change comes into effect.
17. How to Contact Tony & Mark’s
If you have any questions about our Privacy Policy or the way in which we collect, hold, secure, use or share your personal information, please contact us:
Email: privacy@tonyandmarks.com.au
Tony & Mark’s
6 CB Fisher Drive
CAVAN
SA 5094