Privacy Policy

Last updated 17 July 2019.

Babaji’s Kitchen respects the importance of protecting the privacy and rights of individuals in relation to their personal information.

We respect and uphold your rights to privacy protection under the Australian Privacy principles contained in the Privacy Act (1988) and we comply with all of the Act’s requirements in respect of the collection, management and disclosure of your personal information.

Personal information can be defined as any information that personally identifies you. This may include your name, address, telephone number, email address, date of birth, profession or occupation, details of previous orders, credit or debit card details and your IP address. If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.

1. What information does Babaji’s Kitchen hold? If you are a customer or prospective customer, Babaji’s Kitchen may collect or hold information received as a result of any dealing, transaction or interaction with you, including:

• Your contact details, such as name, age or date of birth, address, phone numbers, social media identifiers and email address;

• Any information you provide to us as a result of any dealing, transaction or interaction (for instance any feedback or requests for quotes);

• Details of the menu items you have purchased from us;

• Any information you submit for the purposes of participating in promotional programs or collected as part of the administration of any such program;

• Any information you provide to us when you place an order via our online ordering and table booking service or any of our partner agencies (The Fork, Menulog, Ubereats, EatNow), including credit or debit card details.  If you are an applicant for employment, Babaji’s Kitchen may collect or hold information relevant to such employment, including:

• Your contact details, including name, age or birth date, phone numbers and email address; and

• Employment and other information you submit to us as part of your application for employment (which includes any information contained in any resume you provide to us).

2. How do we collect your personal information?

We collect your personal information directly from you unless it is unreasonable or impracticable to do so. When collecting personal information from you, we may also collect in other ways including:

– Through your access and use of our website;

– Providing your business card at events we attend or by participating in our ‘business loyalty program’ at our restaurant;

– By providing your information through a Belgrave Traders competition;

– By phone or email, or via social media;

– Submitting online orders through our online ordering and table booking service;

– Through participation in our promotions.

3. What happens if we can’t collect your personal information?

If you do not provide us with the personal information described above, some or all of the following may happen:

– We may not be able to provide you with your favourite Babaji’s Kitchen products

and services to the same standard;

– We may not be able to accept or fulfil orders through our online ordering service;

– We may not be able to provide you with information about products and services that you may want, including information about discounts or special promotions; or

– We may be unable to tailor the content of our website to your preferences and your experience of our websites may not be as enjoyable or useful.

4. What does Babaji’s Kitchen do with your personal information and why do we collect and hold it?

We collect personal information about you so that we can perform to provide the best possible quality of customer service and give you and your fellow customers what you want.

-To collect, hold, use and disclose your personal information about for the following purposes:

– To assist in providing goods and services to you;

– To assist in responding to any requests you make to us;

– To communicate promotional offers and special events;

– To process orders submitted via our online ordering service and process payments for those orders;

– To assess the performance of the website and to improve the operation of the website;

– For the internal administrative, marketing (including direct marketing), planning,

product development, quality control and research purposes of Babaji’s Kitchen ;

-To process and assess applications received by us (for instance in selecting employment candidates);

– To administer any completed agreement and provide the services there under;

– To administer any programs which Babaji’s Kitchen may decide to implement;

– To administer any promotions or offers;

– To process and respond to any complaint made by you;

– To comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or in co-operation with any governmental authority of any country; and

– For any other purpose made known to you at the time of collection of your personal information.

Babaji’s Kitchen may disclose the information collected to agents and employees of Babaji’s Kitchen but only for the purpose for which such information was collected.

5. Opting out

At any time you may opt out of receiving any communications from us (other than as required for the operation of our business, eg: regarding payment of your account).

Your personal information will not be shared, sold, rented or disclosed other than as described in this Privacy Policy.

6. Who can we disclose your personal information to?

We may disclose your personal information to:

– Our employees, contractors or service providers for the purposes of the operation of our website or our business, fulfilling requests by you, and to otherwise provide products and services to you including, without limitation, third party payment providers, web hosting providers, IT systems administrators, mailing houses, couriers, payment processors, data entry service providers, electronic network administrators, debt collectors, and professional advisors such as accountants, solicitors, business advisors and consultants;

– Suppliers and other third parties with whom we have commercial relationships, for business, marketing, and related purposes; and

– Any organisation for any authorised purpose with your express consent.

7. Direct marketing materials

We may send you direct marketing communications and information about our products and services that we consider may be of interest to you. These communications may be sent in various forms, including mail, SMS and email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth). You consent to us sending you those direct marketing communications by any of those methods. If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so. In addition, at any time you may opt-out of receiving marketing communications from us by contacting us using the contact information in clause 15 of this privacy policy or by using opt-out facilities provided in the marketing communications and we will then ensure that your name is removed from our mailing list.

We do not provide your personal information to other organisations for the purposes of direct marketing.

8. How can you access and correct your personal information?

You may request access to personal information we hold about you by writing to the Babaji’s Kitchen Privacy Officer at the address specified privacy policy.

Where we hold information that you are entitled to access, we will endeavour to provide you with a suitable range of choices as to how you access it (eg emailing or mailing it to you).

There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others or it if would result in a breach of confidentiality. If that happens, we will give you written reasons for any results.

If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment, then we will add a note to the personal information stating that you disagree with it.

9. What is the process for complaining about a breach of privacy?

If you believe that your privacy has been breached, please contact our Privacy Officer using the contact information in clause 13 of this privacy policy and provide details of the incident so that we can investigate it.

We request that complaints about breaches of privacy be made in writing, so we can be sure about the details of the complaint. Our Privacy Officer deals with privacy complaints and any complaints should be directed to our Privacy Officer using the contact details in clause 13 of this privacy policy. We will attempt to confirm with you, as and when it is appropriate and necessary, your understanding of the conduct relevant to the complaint and what you expect as an outcome. We will inform you whether we will conduct an investigation, the name, title, and contact details of the investigating officer and the estimated completion date for the investigation process.

After we have completed our enquiries, we will contact you, usually in writing, to advise the outcome and invite a response to our conclusions about the complaint. If we receive a response from you, we will assess it and advise if we have changed our view.

10. Security

We take reasonable steps to ensure your personal information is protected from misuse and loss and from unauthorised access, modification or disclosure. We may hold your information in either electronic or hard copy form. Personal information is destroyed or de-identified when no longer needed.  As our website is linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you communicate to us online. We also cannot guarantee that the information you supply will not be intercepted while being transmitted over the internet. Accordingly, any personal information or other information which you transmit to us online is transmitted at your own risk.

11.Third party payment providers

Orders submitted through our online ordering service must be paid for by credit or debit card via the payment facility provided. This secure payment facility is provided by a third party payment gateway provider. We do not store your full credit card or debit card details. You can save your preferred payment method through your online ordering account, but our third party provider will store these details for future retrieval. You expressly consent to us sharing your personal information to any third party payment provider we engage from time to time.

12 Off-shore disclosure

Some of our third party service providers are located in countries outside of Australia (including but not limited to the United States of America, Singapore, Tokyo, Seoul and Mumbai).

Our contracts with these parties generally include an obligation for them to comply with Australian privacy law and this policy. However you acknowledge that, by agreeing to the disclosure of your Information to these entities outside of Australia, we will no longer be required to take reasonable steps to ensure the overseas recipient’s compliance with the Australian privacy law in relation to your Information and we will not be liable to you for any breach of the Australian privacy law by these overseas recipients and, on this basis, you consent to such disclosure.

13 Contacting us

If you have any questions about this privacy policy, or any concerns or a complaint regarding treatment of your privacy or a possible breach of your privacy by us, please contact us, preferably in writing, using the details set out in this clause We will treat your requests or complaints confidentially. Our representative will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in timely and appropriate manner.

Our contact details are as follows:

Babaji’s Kitchen

Email: info@babajiskitchen.com.au

Phone: 0405 765 388

Post: 1/1644 Burwood Hwy, Belgrave, 3160

14 Changes to our Privacy Policy

We may change this privacy policy from time to time. Any updated versions of this privacy policy will be posted on our website. Please review it regularly. This privacy policy was last updated on 17 July 2019.

15 Miscellaneous

References to “Babaji’s Kitchen’ or “we” are references to Cromkamil Pty Ltd (ACN 164 003 525). Although we intend to observe this policy at all times, it is not legally binding on Babaji’s Kitchen in any way. From time to time we may regard it as necessary or desirable to act outside the policy. Babaji’s Kitchen may do so, subject only to any other applicable contractual rights you have and any statutory rights you have under the Act or other applicable legislation.