Policies and information

  • Privacy Policy
  • Social Media Policy
  • Employment Applications
  • Franchise Applications
  • Your personal Information

Privacy Policy

PHO Australia Pty Ltd ACN 154 829 848 (referred to as “we”, “us” or “our”) and its related entities (including, but not limited to, Pho 24 Administration ABN 90 165 149 066 and PHO24 Westside Pty Ltd ABN 70 163 469 047) are committed to protecting the privacy of Personal Information in accordance with the Australian Privacy Principles.

This Privacy Policy sets out the way we handle Personal Information and includes information on how we collect, use, disclose, keep secure and provide you with access to your Personal Information, whether provided 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, home address, email address, telephone number and employment details are examples of Personal Information. Personal Information may also include information we may collect about your individual preferences. We do not collect Sensitive Personal Information (subject to the sections below titled “Employment Applications and “Franchise Applications”).

Collection of Personal Information by PHO24

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 in accordance with the Australian Privacy Principles. The kinds of Personal Information we may collect from you will depend on what type of interaction you have with us. However, it may include, among other things:

  • Personal Information you provide 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 Facebook, Twitter and Instagram. This information may include, for example, your name, postal address, email address, telephone number, date of birth, age and occupation;
  • Personal Information you provide us via our stores or head office or when you place an order in store, by telephone or via our mobile or electronic ordering system. This information may include, for example, your name, postal address, email address, telephone number, date of birth, age, menu preferences and previous order information, IP address and credit card details;
  • If you are applying for a position with Pho 24, we will collect information as outlined in the section below titled “Employment Applications”;
  • If you are applying to become a Pho 24 franchisee, we will collect information as outlined in the section below titled “Franchise Applications”;
  • As you navigate through our website and access our mobile applications, certain information can be passively collected (i.e. gathered without you actively providing the information) using various technologies such as cookies, internet tags or web beacons, and navigational data collection (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 website are most commonly accessed. This information is generally not linked to the identity of visitors, except where a website or mobile application is accessed via links in an email we have sent or where we are able to uniquely identify the device or user accessing our website or mobile application; 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 a website or mobile application via links in an email we have sent and/or by accessing a website or mobile application where you have identified yourself, you consent to the collection of such information where it is 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 relevant Australian laws.

With the exception of when you apply for a position with Pho 24 or to become a franchisee, we will not collect Sensitive Personal Information about you unless you have consented to such collection or the collection is required by law.

Social Media Policy

The explosion in mobile communication and social media activity has changed forever the way the businesses engage with their customers.

Pho24 is committed to respectful and informative communication with its customers and the greater Australian public who use social media. These guidelines set out recommended practice for social media communication by Pho24.

Social media defined

Social media is a set of internet-based tools used for sharing and discussing information. It refers to user-generated information, opinion and other content shared and discussed over open digital networks.

Social media may include, but is not limited to:

  • social networking sites—Facebook, LinkedIn, Google+
  • photo sharing, infographics and video websites—Flickr, Instagram, Pinterest, YouTube
  • blogs, including corporate, government and industry blogs
  • micro-blogging—Twitter (multiple accounts)
  • forums, discussion boards and groups—Google groups, Whirlpool, Reddit, Digg, Urban Spoon
  • forums, discussion boards and groups—Google groups, Whirlpool, Reddit, Digg, Urban Spoon
  • wikis—Wikipedia
  • vod and podcasting
  • email and instant messaging.

Social media also includes all other emerging electronic/digital communication applications.

Applicability

Pho24 will ensure these guidelines are publicly available and are easily accessible on our website.

Official use

Pho 24 will make use of social media in the following ways:

  • By contributing original content to its Instagram, Facebook and Twitter accounts
  • By sharing, reposting and re-tweeting content from online platforms operated by external organisations, including news outlets, social media influencers, bloggers, food writers, local tourism bodies, local businesses, suppliers, local council, and so forth
Principles of engagement

Pho24 adopts the following principles when engaging with its stakeholders through social media. These principles also encourage the community to enter into an open conversation with Pho24.

  • Professional—we will communicate with the utmost integrity and responsibility, working to provide individuals with the appropriate information using a professional yet playful tone.
  • Relevant—we will provide the latest, most relevant information about PHO 24 and communicate news from in and around Melbourne, targeting our audience of city dwellers, workers, day trippers, interstate and international visitors passing through the Southern Cross transport precinct (Vline, coaches and Skybus passengers) as well as patrons of Etihad stadium and visitors to the DFO shopping centre
  • Authoritative—if a statement posted by a social media user about Pho 24 is incorrect, we will endeavour to direct them to the correct information.
  • Responsive—we will aim to respond to all online queries within 48 hours. Social media is a real-time platform, so questions should be addressed in a timely manner.
  • Moderated—all PHO 24 social media accounts will be monitored during operating hours of 10am-10pm, 7 days per week. Comments posted by the public that do not comply with the Pho24 social media guidelines will not be published or will be removed.
Moderation and comments

Pho 24 welcomes constructive, respectful engagement and promotes open, “family friendly” forums. We moderate all our social media and feedback sites and request users please observe the following posting guidelines:

  • Defamatory, offensive or unlawful posts on PHO 24 social media channels will not be published or will be removed.
  • Forms of solicitation or advertising will not be published or will be removed.
  • Posts that contain a link to, or copy of, content that is subject to an online content complaint will be removed or not published in the interest of protecting others from inadvertently accessing material that may be prohibited.
  • Comments should be on topic and relevant to Pho 24.

Comments published on PHO 24 websites or our associated social media sites are the views of the commenter. Publication of the comments should not be taken as endorsement or agreement by PHO 24. Retweets (via Twitter) should also not be seen as endorsements or agreement by PHO 24. PHO 24 makes no warranties or representations regarding the accuracy, reliability, validity and/or completeness of third-party information.

MImplementation, monitoring and review
  • PHO 24’s Social Media Content and Engagement Manager, working in conjunction with senior management and store staff are responsible for the implementation, monitoring and review of all social media channels and activities.
  • Each social media channel is monitored during store hours and outside store hours when necessary.
  • A social media plan and content calendar is developed, agreed and implemented for each social media platform where Pho 24 is present.
  • Social media platforms are reviewed and modified continuously to keep them in line with the overall objectives and needs of Pho 24 and the public.
Public information and confidentiality
  • Pho 24 will only provide information that is publicly available. This includes information on its website, information that senior management has authorised for release as part of the social media content plan.
  • All information provided will be factually correct.
  • Pho 24 will not publish confidential information on social media sites where it is active.
Copyright
  • Copyright and fair use of information will be adhered to.
  • When using social media, it is acceptable to link to another person’s work. In general, a short excerpt—typically no more than a paragraph—can be quoted. The author and publisher should be acknowledged.
  • Only copyright-free images will be used in compliance with the rights holder’s requirements, or images will be referenced with the original source acknowledged.

The online requirements for Pho24 employees include:

  • Behaving with respect and courtesy, and without harassment
  • Dealing appropriately with information
  • Being sensitive to the diversity of the Australian public
  • Taking reasonable steps to avoid conflicts of interest
  • All employees will read, understand and agree to be bound by the guidelines as outlined above

Employment Applications

Generally, the type of Personal Information we collect about applicants is the information included in your application for employment, 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 information about your health (including any disability) 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 one of our related entities;
  • assessing you for a position with us or one of our related entities;
  • storing your information for future employment opportunities.

If you do not provide us with the information we request, we will be unable to do one or more of the above.

We may disclose your information to:

  • 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; or
  • educational organisations to the extent necessary to verify your qualifications.

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.

Franchise Applications

Application Form, for example, your name, postal address, telephone 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 of any professional or trade association.

We collect Personal Information for any one or more of the following purposes:

  • assessing your application to become a PHO24 franchisee;
  • assessing whether you are suitable to progress to each stage of the Pho 24 franchise recruitment process; and/or
  • storing your information for future PHO24 franchise opportunities.

If you do not provide us with the information we request, we will be unable to do one or more of the above.

We may disclose your information to:

  • referees or previous employers;
  • our related entities;
  • law enforcement agencies to verify whether you have a criminal record; or
  • educational organisations to the extent necessary to verify your qualifications.

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.

Your personal Information

Your personal Information

Where we store your Personal Information depends on what interaction you have had with us.

However, some areas may include:

  • Databases for processing customer enquiries or feedback; or
  • Email or SMS databases for marketing communications.

We take reasonable steps to protect your Personal Information from loss and unauthorised access. Unfortunately no data transmission over the Internet is guaranteed to be completely secure. Accordingly, although we strive to protect such information, we do not warrant the security of any information you transmit to us or 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 as soon as is practicable and the Office of the Australian Information Commissioner about that actual or possible breach.

We only keep your Personal Information for as long as it is required for the purpose for which it was collected or as otherwise required by law. We will take appropriate measures to destroy or permanently de-identity 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.

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 include, among other things:

  • processing orders you place with us in our stores or via our electronic or mobile ordering system, providing you with 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 and offers and analysing our products and services so as 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 legal and regulatory requirements;
  • improving the operation or navigation of our websites;
  • processing and considering your employment application and conducting reference checks (refer to Employment Application section above); and
  • improving the operation or navigation of our websites;

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.

If PHO24 uses or discloses your Personal Information for the purposes of direct marketing, you may request not to receive direct marketing communications from us or our related entities. We will stop sending direct marketing communications to you within a reasonable period after your request is made (usually within 5 business days from receiving your request).

Disclosure of personal information to third parties

We may disclose Personal Information we collect from you:

  • to our related entities, suppliers, consultants, contractors or agents for the purposes set out in the section above or for other purposes directly related to the purpose for which the Personal Information is collected;
  • to relevant federal, state and territory authorities for the purpose of investigating a food safety or health issue;
  • to PHO24 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 (whether in Australia or overseas);
  • to others that you have been informed of at the time any Personal Information is collected from you; and
  • with your consent (express or implied) to others.

Some of our related entities and third party goods and services providers are located overseas (including but not limited to the Vietnam). Our agreements with these parties generally include an obligation for them to comply with Australian privacy laws.

Whilst PHO24 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 these overseas entities for the purposes stated above, PHO24 will not be held accountable for any breaches of the Australian Privacy Principles by an overseas recipient.

Access to personal information and correction

We aim to ensure that any information we obtain from you is accurate. You can request access to your Personal Information or advise us of any required correction and information which you believe to be inaccurate by forwarding a request to privacy@pho24.net.au

The exceptions under the Australian Privacy Principles which affect your right to access your

Personal Information we hold about you include the following:

  • access would pose a serious threat to the life or health of any individual;
  • access would have an unreasonable impact on the privacy of others;
  • a frivolous or vexatious request;
  • the information relates to a commercially sensitive decision making process;
  • access would be unlawful or denying access is required or authorised by law;
  • access would prejudice enforcement activities relating to criminal activities and other breaches of law, public revenue, a security function, or negotiations with the individual; and
  • legal dispute resolution proceedings.

To ensure the integrity and security of your Personal Information, PHO24 will only disclose such Personal Information if our internal procedures are satisfied. To make a request to access Personal Information we hold about you, please contact us in writing. We will require you to verify your identity and to specify what information you require. We may charge a fee to cover the cost of verifying the application and locating, retrieving, reviewing and copying any material requested. If the information sought is extensive, we will advise the likely cost in advance and can help to refine your request if required.

Although we are committed to ensuring that at all times there is 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 of the Australian Privacy Principles, we invite you to contact our Privacy Officer at privacy@pho24.net.au as soon as possible.

All complaints are to be made in writing to PHO24 and PHO24 is then allowed a reasonable time (within 30 days) to respond to complaints. We may ask you to participate in a dispute resolution scheme (such as mediation) in order to resolve your complaint.

If you are not satisfied with our response, you can write to “Privacy Complaints Manager, PHO24, Level 4, 50 Queen Street, Melbourne, Victoria, 3000”. 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 (“OAIC”). You can contact OAIC by: