Privacy Policy

Mihoos Sorbets & Ice Cream ABN 40 676 267 676 ( “we”, “us” or “our”) recognise the importance of privacy issues. This Privacy Policy briefly tells you how we manage the personal information that we collect, use and disclose and how to contact us if you have any queries or complaints. This Privacy Policy does not cover personal information collected or held by us about our employees and is to be read subject to any overriding provisions of law or contract.
By visiting any of our websites (including by using an application on a smart device), creating any accounts with us or our Digital Asset Management services ("DAM"), placing an order with us or providing us with your personal information, you agree to your personal information being collected, held, used and disclosed as set out in this policy. References to 'website' include the following: https://www.mihoos.com.au, or any other site, services (including web-services), software, application or media managed by Mihoos.
We will assume you consent to collection, use and disclosure of your personal information in the manner specified in this Privacy Policy (which may change from time to time) until you tell us to the contrary by contacting us using our contact details below.
Background
In providing these goods and services, we may collect, use and disclose personal information. Personal information is information or an opinion, in any form and whether true or not, about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion.
Our collection, use and disclosure of personal information is governed by the Privacy Act 1988 (Cth), as amended (Privacy Act). This Privacy Policy describes how we collect use and disclose personal information in accordance with requirements of the Privacy Act.
Collection of personal information by us
We will only collect your personal information where it is reasonably necessary for or directly related to the conduct of our functions or activities. We will typically collect personal information in the course of providing our goods and services to customers and in other dealings with those customers and prospective customers. We may also collect personal information as we determine necessary from time to time for any purpose in connection with the general conduct of our business, for example, in dealing with suppliers, service providers and contractors or for charities or charitable purposes we proudly support.
Where we collect your personal information we will do so only by lawful and fair means and not in an unreasonably intrusive way. Where we collect your personal information, and it is reasonable and practicable to do so, we will collect it directly from you. There may be occasions where we receive or collect personal information about you from a third party. Where it is lawful or practical to do so, you may choose to deal with us anonymously (for example, when enquiring about our goods and services generally).
Where you provide us with personal information about someone else you must have their consent to provide their personal information to us based on this Privacy Policy.
Active information collection
Mihoos may collect your personal information via our Collection Channels when you:
  1. purchase a product or make a booking or order through a Website or Application;
  2. participate in any offers, marketing activities and/or promotional activities;
  3. contact us or provide us with personal information directly via any medium including a Website or Application, SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email (“Electronic Messages”), social media platforms, mail, telephone and in person;
  4. interact with a Website or Application for a specific purpose;
  5. browse a Website or Application generally;
  6. sign-up to, or register an account via, any Collection Channel; or
  7. apply for employment with Mihoos
Collection of other information from our website and online
We provide information and services through a range of digital and online services including websites (e.g. mihoos.com.au) apps, email, online advertisements and social media profiles.
Cookies and passive information collection
As you navigate through our Websites and access our Applications, certain information can be passively collected (that is, 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 a Website or Application are most commonly accessed. This information is generally not linked to the identity of visitors, except where a Website or Application is accessed via links in an Electronic Message we have sent or where we are able to uniquely identify the device or user accessing a Website or Application.
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 via our Collection Channels, 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 Application via links in an email we have sent and/or by accessing a Website or Application where you have identified yourself, you consent to the collection of such information where it is personal information.
We and/or our contractors may use this information in anonymous, aggregated form, for statistical purposes, to assist us in improving the quality and usability of our website.
In some cases third parties may use cookies and other technologies such as those described above as part of our digital services. These technologies may be used in connection with activities like surveys, online behavioural advertising, website analytics and email campaign management. The services we may use from time to time include Google Analytics, Google Display Network, Google AdSense, DoubleClick, Yahoo, Adobe, Facebook Tools, Campaign Manager and Microsoft. You can find more details in the privacy policies for those services (e.g. Google’s Ads Preferences Manager), including information on how to opt-out of certain conduct. Bear in mind, you may need to opt-out separately from each service. The website youronlinechoices.com.au also allows you to opt-out of some online behavioural advertising and provides further information about how online behavioural advertising works. You can contact us to request further details of the services we use. Many of these services operate without collecting or using any personal information.
Not providing information
Failure to provide personal information via our Collection Channels may result in you being unable to register for certain products or services, participate in a promotion, access elements of a Website or Application, place orders, make contributions to a Website or Application, and/or Mihoos being unable to provide you with relevant content, products and/or services. For example, we may be unable to process your orders and enquiries, set up an account for you, include you in a promotion, or provide you with upcoming promotion, event or product information and/or accept promotion entries (where applicable).
Sharing your personal information
For the purposes described above, Mihoos may provide your personal information to our contractors and service providers who may be located in a foreign country for the purpose of analysing your personal information. Mihoos use best endeavours to ensure that any use of this information by us will comply with this privacy policy and the Privacy Act.
Our service providers may be engaged by Mihoos to perform a variety of functions, such as fulfilling orders, conducting market research, processing credit card payments, assisting with promotions, data storage and providing technical services for our Websites and Applications. They may have access to personal information if needed to perform such functions. However, they may only use such personal information for the purpose of performing that function and may not use it for any other purpose.
Mihoos recognises the trust with which you provide personal information, and except as stated in this privacy policy, such information will not be used or disclosed for any other purposes without consent. However, Mihoos reserves the right to use or disclose any information, including personal information, as needed to satisfy any law, regulation or legal request, to protect the rights or property of Mihoos, any member of the Mihoos operations team, or any member of the public, to protect the integrity of a Website or Application, to fulfil your requests, or to cooperate in any law enforcement investigation or an investigation on a matter of public safety.
Use and disclosure of your personal information for secondary purposes
If we use or disclose your personal information for a purpose (the "secondary purpose") other than the main reason for which it was originally collected (the "primary purpose"), to the extent required by law, we will ensure that:
  • the secondary purpose is related to the primary purpose of collection (and directly related in the case of sensitive information), and you would reasonably expect that we would use or disclose your information in that way;
  • you have consented to the use or disclosure of your personal information for the secondary purpose;
  • the use or disclosure is required or authorised by or under law; or
  • the use or disclosure is otherwise permitted by law (for example, as a necessary part of an investigation of suspected unlawful activity).
Disclosure of personal information to third parties
Where permitted by the Privacy Act, personal information we collect about you may be disclosed to third parties as we determine necessary from time to time for any purpose reasonably necessary or directly in connection with the conduct of our business, including, but not limited to:
  • any service provider we engage to carry out our business functions and activities;
  • our professional advisors and other contractors (for example IT consultants, research agencies and mailing houses);
  • any person who introduces you to us, or who is acting as your referee or guarantor;
  • your authorised agents or your executor, administrator or legal representative;
  • an organisation that is an arrangement or alliance with us (for example, for the purpose of promoting or using our respective goods or services or conducting a seminar or promotion);
  • our business associates and others for purposes directly related to the purpose for which the personal information is collected;
  • our related companies;
  • organisations that conduct or promote charitable purposes or activities we proudly support;
  • organisations that are involved in a transfer or proposed sale of our business or assets
  • any entity to which we are required or authorised by or under law to disclose such information (for instance, Federal or State law enforcement agencies and investigative agencies, courts and various other Federal or State government bodies); and
  • others that you have been informed of at the time any personal information is collected from you.
We take steps to ensure that third party recipients are obliged to protect the privacy and security of your personal information and use it only for the purpose for which it is disclosed.
External Account (Facebook, Google and PayPal) (Australia only)
If you chose to create a Mihoos Online Ordering account using an existing Facebook, Google or PayPal ("External Account Provider") account ("External Account"), you are providing Mihoos with permission to obtain your personal information via the External Account Provider. The information that we obtain from the External Account Provider will be confirmed by the External Account Provider during the Mihoos account creation process. Please review the External Account Provider’s privacy policy for further information about the information they hold and their information sharing practices.
Please note that after completing this process, your Mihoos Online Ordering account will be linked with your External Account. Your Mihoos Online Ordering Account will be accessible so long as your External Account remains active.
How do we use your Information?
We use your Information for a variety of purposes including for processing orders, providing our products and/or services to you and for any other purpose for which it was provided to us, or other related purposes and as permitted or required by law. Such purposes include, but are not limited, to the following:
  • confirming your identity when you contact us;
  • accepting and processing your orders;
  • providing you with information about charities or charitable purposes or activities we proudly support;
  • being aware of any special good or service requirements you may have;
  • providing you with email and/or SMS confirmation of your order;
  • providing you with an email confirming your purchase/receipt of our product;
  • providing you with the assistance, products and/or services you have requested ;
  • delivering orders;
  • to create a new Mihoos Online Ordering account;
  • allowing you access to DAM;
  • processing any job application you may submit;
  • processing any franchise application you may submit via our franchise recruitment team or our website;
  • processing any expression of interest you may submit via our franchise recruitment team, our website or a third party website;
  • providing you with any franchise information you may request;
  • providing you with information about new franchising opportunities;
  • processing any orders you place with us;
  • processing a refund of any orders your place with us;
  • determining the number of visitors to our websites and conducting reviews of our websites;
  • judging competitions, fulfilling prizes, awards and purchases;
  • maintaining and updating our records;
  • working with our service providers;
  • administering and managing the provision of our goods and services to you, including billing and debt collection;
  • conducting reviews or checks of your credit worthiness;
  • keeping you informed about any changes to our websites as well as good and/or services;
  • communicating directly with you (including direct marketing) and providing marketing communications and targeted advertising to you on an ongoing basis by telephone, electronic messages (e.g. email), our digital services and other means (you can contact us at privacy@mihoos.com.au at any time to opt out of electronic and telephone direct marketing communications);
  • conducting market research (including focus groups, panels and surveys) so that we can better understand the needs of our customers and tailor our future products and services accordingly;
  • conducting analyses of orders and purchasing habits so that we can better tailor the ordering experience, products and services for our customers;
  • for advertising and direct marketing, including sending you offers or information on products or services that we consider will be of interest to you or authorising third parties to send their offers or information on products or services where you have indicated interest in or consented to receiving third party offers;
  • to assist in the delivery of your order to your door and to verify your credit card or PayPal (available in Australia only) payment;
  • to help you remember and re-order from our menu in future; and
  • to provide you with an SMS to inform you when your order is on its way or ready for pick-up from one of our stores;
  • requesting your feedback on our products and/or services;
  • responding to any complaints, enquiries and feedback;
  • unsubscribing your details from our databases;
  • sales trends analysis, stock management and sales and stock reporting;
  • complying with relevant laws, regulations and Codes;
  • using your personal information for any other purpose that it was collected for or any related purpose for which we are entitled to use your personal information.
  • any other purposes identified at the time of collecting your Information; and
  • to prevent fraud, comply with any legal obligation or as otherwise permitted or required by law.
Where we are not able to collect personal information that we require to conduct a particular functions or activities, it may restrict or limit our ability to conduct or perform that function or activity.
Sometimes we receive data from our affiliates, customers and other third parties that helps us (or them) understand our customer’s online, ordering and purchasing activity, and generally make Mihoos a better experience for our customer. For example, a customer’s order may tell us information about the customer (like what their flavour preferences are) in order to measure the effectiveness of - and improve the quality of – our customer’s ordering experience.
We may also put together data from the information we already have about a customer so we can offer and suggest a variety of products, deals or offers and features to our customer, or customize the ordering experience for the customer.
Kinds of information collected
The kinds of personal information we collect and hold will depend upon the reasons for, or circumstance of, its collection. It may include, amongst other things:
  • your name and contact details;
  • other personal information you give us when you request a good or service from us. This information may include: your requirements with respect to specific goods or services; your opinion or preferences with respect to any of our goods or services, payment details, or your preferred payment method;
  • information contained in any communications between you and us;
  • information contained in an application form or other document given to us;
  • payment and transactional information about your acquisition and use of our goods and services;
  • activity with our digital or online services; and
  • any information we are required to collect by law.
  • any information we are required to collect by law.
How your personal information will be collected and held
We may collect your personal information in relation to your interactions and transactions with us, including using our gift cards or loyalty cards; making a purchase in store; placing an order online; participating in a promotion, competition, survey or charitable event; registering for services; making a charitable donation; using related digital services. We may monitor and record your communications with us (including email and telephone) for security, dispute resolution, and training purposes and we also operate video and audio surveillance devices in our premises.
We may also collect personal information from third parties including public sources, information service providers, providers who administer our products and services such as insurance, anyone authorised to act on your behalf. We hold personal information electronically and in hard copy form, both at our own premises and with the assistance of our service providers.
We implement a range of measures to protect the security of that personal information. We also take measures in respect of destroying or de-identifying personal information that is no longer needed for any lawful purpose. Unfortunately the internet is not a secure place and we cannot guarantee security of your personal information.
Sensitive information
We will not collect, use or disclose sensitive information about you unless it is necessary to provide you with a good or service and we have your consent or unless we are legally required to collect, use or disclose that information.
Sensitive information is any information about a person's racial or ethnic origin, political opinions, religious or philosophical beliefs or affiliations, membership of a professional, trade or political association or union, sexual preferences or practices, criminal record, health information or genetic information about an individual that is not otherwise health information.
Security of your personal information
We protect any personal information that we collect and hold about you from misuse or loss. We also protect it from unauthorised access, modification or disclosure. Where we need to disclose your personal information to a service provider or other agent or contractor, we prohibit them from using the personal information except for the specific purpose that we have provided it.
We will take reasonable steps to destroy or de-identify personal information if it is no longer needed for any purpose for which the information may be used or disclosed in accordance with the Privacy Act.
Keeping your personal information up-to-date and correcting your personal information
We take reasonable steps to ensure that any personal information collected by us is accurate and up-to-date at the time of collecting, using and disclosing that information.
If you learn that personal information we hold about you is inaccurate, incomplete or out-of-date, you should contact us.
You also have a right to request that a statement be attached to your personal information if we disagree with your request to correct the information.
Access to your personal information
You can ask to obtain access to personal information that we hold about you, although in some circumstances, the law may not permit us to provide such information to you. If we are not able to provide you with access to any of your personal information held by us, we will tell you the reasons why this is the case. We may ask you to put your request in writing and pay a reasonable fee to us before providing requested access.
How to contact us
If you wish to contact us, for example, to access or correct your personal information, you may contact us at:
Mihoos Sorbets & Ice cream
ABN 40 676 267 676
14/ 614, Princes Highway
Kirrawee
New South Wales
AUSTRALIA, 2232
Ph: +61 421 882 030
E-mail: privacy@mihoos.com.au
If you wish to unsubscribe from receiving email and other communication, please provide your request to unsubscribe@mihoos.com.au
Complaints
If you have any feedback or a complaint about the way we have dealt with your personal information, please contact us on the above telephone number and ask to speak with our Company Secretary and Chief Privacy Officer, or email us at our privacy email address mentioned above. We will make all reasonable attempts to respond to your complaints or requests.
If you are not satisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner at:
Website: www.oaic.gov.au
Phone: 1300 363 992
Further information about the application of privacy law to the private sector generally can be found by contacting the Office of the Australian Information Commissioner (details above).
Updates to Privacy Policy
We may amend this Privacy Policy at any time and from time to time. If we do so, we will post the amended Privacy Policy on our website so that you will always be aware of how we manage your personal information.
V1 - April 2020