JIM’S GROUP

Jim’s Group Pty Ltd (ABN 82 101 925 268)(Jim’s Group, our, we) is the national franchisor of the Jim’s Group franchise system. Through the Jimbo mobile application (the App), we support franchisees and franchisors by facilitating services such as job management, invoicing and quoting within their franchise business.

All services provided by Jim’s Group to franchisees or franchisors (Users, you, your) are governed by these terms and conditions (Jimbo Terms and Conditions).

Please read these Jimbo Terms and Conditions carefully before accessing or using the App. By accessing or using the App, you agree to be bound by these Jimbo Terms and Conditions, along with our Jimbo Terms of Use, Jim’s Group Privacy Policy and Jimbo End User Licence Agreement.
Defined terms in the Jimbo Terms of Use, Jim’s Group Privacy Policy and Jimbo End User Licence Agreement have the same meanings when used in this document.

Jimbo End User Licence Agreement

This End User Licence Agreement (EULA) governs your use of the Jimbo application provided by Jim’s Group, encompassing all associated services and features. It also sets out the terms and conditions upon which we licence our software for use. No other EULA is applicable to this App. In the event of any conflict of any licensing terms, the terms of this EULA prevail.

By using this App and software, you acknowledge that you have read, understood and accepted the terms of this EULA.

1 Definitions and Interpretation

1.1 In this EULA:

“App” means the mobile application, Jimbo, developed, owned, and operated by Jim’s Group and designed for job management, invoicing, quoting, and other operational features tailored for Jim’s franchisees and franchisors;

“App store” includes any Apple Itunes, Google Play and all other App stores that may be listing the App product for sale, use, license or making it otherwise available to the public;

“EULA” means this end user licence agreement and any amendments from time to time;

“Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of or problems with the internet or a part of the internet, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);

“Licensee” means the licensee of the software under this EULA;

“Licensor” means Jim’s Group Pty Ltd;

“Software” means Jimbo App software; and

“Upgrade” means an upgrade, update, enhancement, improvement or patch to the software supplied by the Licensor.

2 Licence

2.1 You are the Licensee and you acknowledge and agree that our App is licensed and not sold to you. Your licence to any App store product that you obtain through the App stores or obtain through our website, where applicable, is subject to your prior acceptance of this EULA. You are, on purchase from the App store, entering into a binding agreement directly with the Licensor of the Software and not the App store. The App store is at no times a party to the licence between you and the Licensor of the App. The Licensor of each App is solely responsible for that App including any warranties and claims that you may have relating to that third party App product.

2.2 The Licensee is granted a non-exclusive, personal, non-transferable licence to use the App on a mobile device for your own business and/or your own private and non-commercial purposes and in accordance with the provisions of this clause.

2.3 Subject to the payment by the Licensee of the relevant charges and fees in respect of the Software licence, the provisions of this EULA, the Licensor grants to the Licensee a non-exclusive, non-transferable licence to:

(a) download the Software;
(b) install the Software on one mobile device provided that only the single authorised licence holder will operate the products. A single licence does not permit the licensee to install the product on a network or a shared drive for use by more than one user; and
(c) use the Software anywhere in the world.

2.4 The Licensee must not:

(a) copy or reproduce the Software or any part of the Software other than in accordance with the license granted in these Jimbo Terms and Conditions;
(b) sell, resell, rent, lease, loan, supply, distribute, redistribute, publish or republish the Software or any part of the Software;
(c) modify, alter, adapt, translate or edit, or create derivative works of the Software or any part of the Software;
(d) reverse engineer, decompile, disassemble the Software or any part of the Software;
(e) circumvent or remove or attempt to circumvent or remove the technological measures applied to the Software for the purposes of preventing

unauthorised use;
provided that nothing in this clause will prohibit or restrict the Licensee or any other person from doing any act expressly permitted by applicable law.

2.5 All intellectual property rights in the Software are and will remain, as between the parties, the property of the Licensor. In the event of any dispute of intellectual property rights, the Licensor retains and has full rights solely for any investigation, defence, settlement and discharge of any such claim by any third party.

2.6 The Licensee must not permit any other person to use the Software or to exercise any of the other rights granted by the Licensor to the Licensee in this EULA.

3 Support

3.1 The Licensor is solely responsible for providing support and maintenance for the App subject to the following:

(a) The Licensee must promptly apply any Software Upgrade released by the Licensor and made available by the Licensor to the Licensee from time to time;
(b) The Licensor will have no obligation to provide support for the Software under this clause or repair or replace the Software in relation to any version of the Software that does not incorporate the most recent upgrade to the Software; where the problem arises from Software not supplied by and or any unauthorised use or modification of the Software; and
(c) The Licensor will provide to the Licensee email support during the period of the licence for the purpose of resolving issues with the Software raised by the Licensee acting reasonably. At no time does the Licensor warrant that the Software will be virus-free and the Licensor agrees it is solely the Licensor’s responsibility to conduct appropriate virus scanning prior to the installation and use of any Software.

3.2 The Licensee acknowledges that:

(a) the Licensor’s sole obligation under the clause is to make reasonable endeavours to resolve issues raised by the Licensee;
(b) the Licensor does not warrant or represent that issues raised will be solved by means of the support services;
(c) the Licensor will not provide any on-site support under this EULA; and
(d) the Licensor and not the App store, is solely responsible for all maintenance and support of the App.

3.3 The Licensor may subcontract any of its obligations under this clause to any third party.

4 Limitation of Liability, Disclaimers and Limited Warranty

4.1 To the full extent permitted by law and subject to any implied condition, warranty or right, or any statutory consumer guarantee contained in any law (including the Competition and Consumer Act 2010 (Cth)) which cannot be excluded by law:

(a) the Licensor excludes all representations, warranties or terms (whether express or implied) other than those expressly set out in this EULA;

(b) the Licensor excludes all liability in respect of loss or corruption of data, interruption of business or any consequential or incidental damages;

(c) all implied conditions, warranties, rights and terms are excluded;

(d) the Licensor is not liable for use of the Software in connection with hazardous activities, or any activity for which failure of the Software might result in death, bodily injury or psychiatric injury to the End User, its employees, independent contractors, agents, customers or any member of the public; and

(e) the Licensor will in no circumstances be liable for any type of special, indirect or consequential loss, for any loss of profit, revenue, or anticipated saving, loss or corruption of data, interruption of business, loss of use, loss of contracts with third parties, loss of business or loss of goodwill, even if such loss was reasonably foreseeable or the Licensor had been advised of the possibility of the same arising.

4.2 The Licensor does not warrant:

(a) that the App, Software or services provided through the App will be uninterrupted or error-free. There may be periods where, for technical or operational reasons the App and services may be inaccessible or cancelled as a result of the technical or operational issues. Non-material errors in the Software will not constitute a breach of this EULA; and

(b) that the App, Software and services will be free from loss, viruses, corruption, hacking, security breaches or other such events which may constitute a Force Majeure Event for which we disclaim any liability for any such issue or event. You are solely responsible for backing up your systems, information and software.

4.3 All of the parties’ liabilities and obligations in respect of the subject matter of this EULA are expressly set out herein. To the maximum extent permitted by applicable law, no other terms concerning the subject matter of this EULA will be implied into this EULA or any related contract.

4.4 The limitations and exclusions of liability set out in this Clause:

(a) are subject to the above Clause 4.1; and

(b) govern all liabilities arising under the EULA or in relation to the subject matter of the EULA, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

4.5 The Licensor will not be liable to the Licensee in respect of any business or personal losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, goodwill, Force Majeure Event, death or personal injury.

4.6 The Licensor will at no time be liable to the Licensee in respect of any special, indirect, or consequential loss or damage including but not limited to any loss or corruption of any data, database or software. In any case, the Licensor’s aggregate liability to the Licensee will not exceed the purchase price of the App.

4.7 In the event of any issues with the App, the Licensor, and not the App store or any of its affiliates, is responsible for addressing all claims relating to any issues including but not limited to the license, any intellectual property rights, use of the App, any issues relating to warranties, consumer law and regulation and all other claims. You may notify the App store of any issues or claims you may have but you acknowledge that the App store is at no time responsible for any claim or rectification of any issue.

5 Indemnification

5.1 You agree to indemnify and hold us, each of our affiliates, successors, directors, employees, agents, representatives, suppliers and service providers harmless from and against any and all losses, expenses, damages, costs and expenses (including all reasonable legal fees), resulting from your use of the App and/or any violation of these Terms. You agree to assume and take over control of any demand, claim or action arising hereunder or connection with the App in the event of any action resulting directly or indirectly from your use of the App or our Services or any breach of the Terms.

6 Termination

6.1 The licence granted under this EULA is effective until terminated either by you or the Licensor. Your rights under this licence will terminate automatically without notice from the Licensor if you fail to comply with any terms of this licence. Upon termination of the licence, you will cease all use of the App and destroy all copies of the App.

7 General

7.1 No breach of any provision of this EULA will be waived except with the express written consent of the party not in breach.

7.2 If a clause of this EULA is determined by any court or other competent authority to be unlawful and/or unenforceable, the other clauses of this EULA will continue in effect. If any unlawful and/or unenforceable clause would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the clause will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant clause will be deemed to be deleted).

7.3 The Licensor may freely assign this EULA and/or its rights and/or obligations under this EULA without the Licensee’s consent. Except as expressly provided in this EULA, the Licensee must not assign, transfer, charge, license or otherwise dispose of or deal in this EULA and/or any its rights and/or obligations under this EULA.

7.4 Where the App is listed on a third party app store, the app store is a third party beneficiary of this EULA and has the right to enforce this EULA against the Licensee.

7.5 Where the App uses or requires any third party service in order to run or provide the App services, the Licensee agrees to comply with all relevant third party agreements and terms.

7.6 This EULA constitutes the entire agreement and understanding of the parties in relation to the subject matter of this EULA, and supersedes all previous agreements, arrangements and understandings between the parties relating to the subject matter of this EULA. Subject to Clause 4, each party acknowledges that no representations or promises not expressly contained in this EULA have been made by or on behalf of the other party.

7.7 This EULA will be governed by and construed in accordance with the laws of the State or Territory of Victoria, Australia; and the courts of the State or Territory of Victoria, Australia, will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this EULA.

7.8 In the event of any questions, complaints, issues, claims or queries, you may contact us at infotech@jims.net

Jimbo Terms of Use

Jimbo (the App) is a mobile application developed, owned, and operated by Jim’s Group Pty Ltd (ABN 82 101 925 268)(Jim’s Group, we, us). The App is designed to support job management, invoicing, quoting, and other operational needs of Jim’s franchisees and franchisors.

These Terms of Use, together with the following documents, form the Jimbo Terms and Conditions:
• Jimbo End User Licence Agreement; and
• Jim’s Group Privacy Policy.

Please read these Terms of Use carefully before accessing or using the App. By doing so, you agree to comply with and be bound by the Jimbo Terms and Conditions.

If you do not agree to these Terms of Use or any part of the Jimbo Terms and Conditions, you are not permitted to access or use the App.

Variation to Terms of Use

Jim’s Group reserves the right to vary these terms from time to time and without notice. Any variations, removals or amendments become effective immediately upon posting. Your continued use of the App following such variation will represent an agreement by you to be bound by the Terms of Use as varied.

You should check the App regularly to take notice of any changes we may have made to the Terms of Use. If a material change to the permissions required to run the App occurs, we will seek your agreement to the permissions, and you may choose to accept or not.

App Disclaimer

Use of this App is at your own risk and Jim’s Group is not liable for any loss, damage or disclosure of any personal information that may result from its use. The App only requests the permissions necessary for its functionality. These permissions, which are outlined at the time of download, may include access to your device’s location, camera, storage, microphone, calendar, phone, and text messages.

Access to this App is permitted on a temporary basis, and we reserve the right to withdraw or amend our products and services without notice. We will not be liable if for any reason this App is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this App.

Linked Sites

This App may contain links to other websites (Linked Sites), which are not operated by Jim’s Group. We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms of Use and service contained within each Linked Site.

Privacy

We respect your right to privacy. By using the App, you consent and authorise Jim’s Group to collect and disclose your personal information in accordance with the Australian Privacy Principles (APPs) and the Privacy Act 1988 (Cth) for the purposes of facilitating services to assist in streamlining your franchise business’s operations and improving customer service.

For more information, please refer to our Jim’s Group Privacy Policy.

Use and Copyright

You may use the App and the information contained within it for your own personal and non-commercial reference only. You must not misuse this App and you agree not to:

(a) commit or encourage a criminal offence;
(b) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
(c) hack into any aspect of the product or service; corrupt data; cause annoyance to other users;
(d) infringe upon the rights of any other person’s proprietary rights;
(e) send any spam, unsolicited advertising or promotional material; or
(f) attempt to affect the performance or functionality of any computer facilities of or accessed through this App.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this App or to your downloading of any material posted on it, or on any Linked Sites.

Violation

If you violate these Terms of Use, without limiting any other remedies available to us, Jim’s Group may without notice to you:

(a) cancel your products or services without a refund;
(b) prohibit you from using the App;
(c) restrict your ability to make future purchases through Jim’s Group; and
(d) if required by law, or by subpoena, or an enforcement body, disclose information about you and your use of the App for investigation of any unlawful or harmful activity.

Intellectual Property, Trademarks, Software and Content

The intellectual property rights in all trademarks, software and content (including photographic images) made available to you on or through this App remain the property of Jim’s Group or its licensors/respective owners and are protected by copyright laws and treaties around the world. All such rights are reserved by Jim’s Group and its licensors/respective owners. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this App nor may you use any such content in connection with any business or commercial enterprise.

Disclaimer as to Ownership of Trademarks and Third Party Copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this App are in no way associated, linked or affiliated with Jim’s Group and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this App are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Jim’s Group.

Limitation of Liability

Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this App is provided without any guarantees, conditions or warranties as to its accuracy.

To the fullest extent permitted by law, Jim’s Group hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this App or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

If a jurisdiction does not allow the exclusion or limitation of liability in accordance with the foregoing, but allows a limitation of a certain maximum extent, then our liability is limited to that extent.

This does not affect Jim’s Group’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Indemnity

You agree to indemnify, defend and hold harmless Jim’s Group, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this App or your breach of the Terms of Use.

General Provisions

If any part of the Terms of Use is held to be unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect.
This agreement is governed by the laws of Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia.

Jim’s Group Privacy Policy

This Privacy Policy sets out the privacy policy of Jim’s Group Pty Ltd ACN 101 925 268 and its related entities being Jim’s Group (New Zealand) Limited Company Number 5303661, Jim’s Franchising Group Canada Limited BC 1154696 and Bizza Pty Ltd ACN 628 991 515 (together we, us, Jim’s Group) which are in the franchise business and refer independent contractors to customers, through our employees and working with franchisors, franchisees and independent contractors within the Jim’s Franchising System. This privacy policy details the way we collect, store, use, disclose and protect information about you.

We are bound by the Privacy Act 1988 (Cth) (the Act) and the Australian Privacy Principles (APPs) contained in the Act. We understand and appreciate that you are concerned about privacy, particularly in relation to the use and disclosure of Personal Information and we are committed to respecting the privacy of your Personal Information.

For the sake of clarity, this Privacy Policy covers Personal Information collected by Jim’s Group including through our website and its subdomains, applications, when you sign up to request marketing communications, when you attend our training events and when you call our call centre to request a quote or service. It covers Personal Information used by Jim’s Group in relation to any of the following:

• franchisees or prospective franchisees;
• franchisors or prospective franchisors;
• customers;
• suppliers or prospective suppliers;
• independent contractors or any person who applies to become an employee or independent contractor; and
• employees, except where the use or disclosure is directly related to the relationship between us as an employer and you as the past or present employee or an employee record about you.

Generally, Jim’s Group will collect personal information directly from you through the normal course of business, only to the extent necessary and with your consent.

It is important that you read and understand this Privacy Policy.

Your Consent

• You consent to your Personal Information being used in accordance with this Privacy Policy by any one or more of the following:
• by providing us with your Personal Information in relation to requesting a quote or booking a service, booking your attendance at one of our training events, entering a competition, participating in a promotional campaign, making a complaint or for any other reason;
• by making enquiries about or submitting an application to become a franchisor, franchisee, an employee, an independent contractor or a supplier of us or any of our franchisors or franchisees;
• by visiting our website or participating in an online enquiry or subscribing to our electronic mailing list;
• by visiting any website or social media site established by us, including but not limited to Facebook, Twitter, Instagram (Social Media Sites) or downloading and/or using any online or mobile application owned and/or operated by Jim’s Group (Applications); and
• by participating in any activity on a Social Media Site or Application including but not limited to entering competitions, subscribing to our blog s or podcasts, sharing any material on any Social Media Site, following, liking and/or commenting on us or anything on any Social Media Site (Social Media Activity).

What is Personal Information?

For the purposes of this Privacy Policy, Personal Information is any information that can be used to personally identify you. If the information we collect personally identifies you, or you are reasonably identifiable from it, whether or not the information is true or whether or not it is recorded in a material form, the information will be considered Personal Information.

An act done or practice engaged in by us as an employer that is directly related to an Employee Record is exempt from the Act. An Employee Record includes health information and personal information relating to the:

• engagement, training or disciplining of an employee,
• resignation or termination of an employee;
• terms and conditions of employment of an employee;
• employee’s performance or conduct;
• hours of employment, salary or wages;
• personal and emergency contact details;
• employee’s membership of professional or trade associations or trade union membership;
• employee’s annual, long service, sick, personal, maternity, paternity and other leave; and
• employee’s taxation, banking and superannuation affairs.

We treat the personal and health information of each of our employees as confidential and strict controls are placed on who has access to such information. We will not disclose your Employee Records to any third party other than as permitted by law or this Privacy Policy without your prior consent.

What Is Sensitive Information?

Sensitive information is defined in the Privacy Act and includes information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.

Sensitive information will be used by us only:

• for the primary purpose for which it was obtained;
• for a secondary purpose that is directly related to the primary purpose; or
• with your consent, or where required or authorised by law.

What Personal Information Do We Collect From You?

The type of Personal Information collected by us may differ, depending on whether you are or would like to become a franchisor, franchisee, customer, supplier, employee or independent contractor. Generally, the type of Personal Information collected by us includes your name, address, telephone number and email address.

When we collect Personal Information, we will, where appropriate and where possible, notify you and explain to you why we are collecting the information and how we plan to use it.

From our franchisors and franchisees, we also require national police checks, company details including ABN and/or ACN, financial information including bank account and credit card details, profit and loss statements, balance sheets, weekly takings information, sales data and other business related information which may contain Personal Information.

From our employees and/or prospective employees, we may also collect the following information: commencement dates, employment status, location, gender, bank account statements, emergency contact details, qualifications, previous employment details, car registration numbers, medical and health information, leave summaries, wages and salary information, age or date of birth, superannuation information, tax file numbers, visa and immigration information and where relevant, information relating to performance and conduct.

We will not adopt a government related identifier belonging to you as a means of identifying you (for example, your Medicare number, Passport number or drivers licence number) unless required or authorised by or under an Australian law or a court/tribunal order. Similarly, we will not use or disclose a government related identifier belonging to you unless an exemption applies under the APPs.

From time to time, photos may be taken and used for marketing and promotional purposes which may include images of franchised businesses, franchisors, franchisees, prospective franchisors or franchisees and/or those attending our training events, employees or employees of franchisees and/or customers, from which individuals may be able to be identified. As an employee your photo may be used within Jim’s Group to identify you.

Closed circuit television (CCTV) may be installed in any of our premises. Images and video from CCTV may be used by us for security purposes and to identify and deal with non-compliance by any individuals or franchisees with law and/or their agreements with us. Where relevant, CCTV may be made available to relevant authorities including the police.

Via Social Media Sites and Applications, we may be able to obtain other information about you which may itself constitute Personal Information or which, when combined with other information, is capable of identifying you, including photos, videos and any other information that you include on our Social Media Sites, Applications, or sites linked to our Social Media Sites (Other Sites). The level of information to which we have access may depend on your privacy settings on such Applications and Other Sites.

How Do We Collect Your Personal Information?

We collect Personal Information directly from you in a number of ways, including when:

• you make a general or specific telephone or online enquiry we may keep a record of that correspondence;
• you seek a quote online or via the call centre for one or more of our services;
• you engage a franchisee online or via the call centre to provide you with one or more of our services;
• you engage an independent contractor external to Jim’s Group through our related entity, Bizza Pty Ltd (with your consent if we do not have a franchisee available to provide you with the requested service/s);
• you participate in a competition, promotional campaign, survey or questionnaire;
• you lodge a complaint;
• you subscribe to our mailing list;
• you participate in Social Media Activity;
• you apply for a position with us as an employee, contractor, franchisee, franchisor or volunteer;
• you complete a booking to attend one of our training events;
• you provide us with such information via application forms, customer feedback forms, business cards, contracts or any other document provided by you to us;
• we analyse the Social Media Sites conducted by us or by third parties on our behalf;
• contacting or being contacted by third parties such as credit reporting agencies, recruitment agencies, insurers and insurance brokers, health professionals, referees nominated by you, or your representatives;
• collected by publicly available sources of information; and
• collected through our own records.

Through our website we can obtain Personal Information if you send such information in an email, when you complete an online enquiry or request our services, or when you book to attend our training events.

When you visit our website we may make a record of your visit. The following information may be logged for statistical purposes and for the purposes of marketing and advertising to you:

• your IP address;
• the date and time of your visit to our site;
• the pages that you have accessed and the documents downloaded; and
• the type of browser you were using.

This type of statistical information helps us to better understand visitor traffic so we can improve our services. This data is mostly anonymous and does not identify you.

Tracking technologies such as cookies may be used on our website to recognise a user’s browser each time that user visits our site and to track which pages the user visits whilst on our site. Cookies are pieces of information that a website transfers to a computer’s hard disk for record keeping purposes. Most web browsers are set to accept tracking technologies such as cookies. We do not use cookies to personally identify you, just to improve your experience on our website. If you do not wish to use any cookies you may set your browser to refuse them. However, your browsing experience and our website’s functionality may be affected.

We may collect precise and approximate location data from clients and/or users of our Applications if they enable us to do so via their Application and/or device settings. Users of our Applications may use our Applications without enabling collection of location data from their mobile devices, however, this may affect certain features in the Application.

How Do We Store Your Personal Information?

Your Personal Information is stored in a manner that reasonably protects it from misuse, loss and unauthorised access, modification or disclosure, including:

• in electronic systems and devices;
• in telephone recordings;
• in paper files; and
• document retention services off-site.

This may include storage on our behalf by third party service providers.

How Do We Use Your Personal Information?

We will use your Personal Information for purposes that relate to the operation of our business and the provision of our services to you. These purposes generally include:

• upplying our services to you and carrying out our obligations arising from any contracts entered into between us and you;
• identifying particular services which may be of interest to you and delivering to you a more personalised experience and service offering;
• providing quality assurance for our services;
• seeking feedback regarding our business and services through customer feedback surveys integral to the transaction;
• responding to your enquiries and feedback by improving the quality of the services we offer, including your experience with our website(s);
• monitoring the performance of our websites, our business and our franchisees;
• marketing material and educative activities including keeping you up to date with our franchise divisions, the services offered by each,
• information about franchising, events and promotions we think would be of particular interest to you;
  • planning, service development or research purposes;
  • enabling communication between Application users and clients;
  • internal administrative purposes and management of our database;
  • enforcing the terms and conditions of our engagement with you; and
  • ensuring compliance with the statutory obligations of both parties.
• In relation to the Personal Information of franchisors and franchisees and/or prospective franchisors and franchisees, the purposes include those mentioned above and the following:
  • conducting appropriate credit checks;
  • verifying information required under the franchise agreement, including by accessing and assessing information received from suppliers, trade referees, insurers, banks, local municipal council or any other entity;
  • to confirm and enforce compliance with the franchise agreement;
  • providing franchisor and franchisee support;
  • to comply with disclosure requirements under the Franchising Code of Conduct; and
  • all things of or incidental to carrying out our role as National Franchisor.

In relation to the Personal Information of customers, the purposes include the general purposes mentioned above and also include verifying, notifying and/or responding to you in relation to any enquiries, complaints, or if you win a competition.

We use information we hold about you as an employee, of or incidental to our role as your employer and in accordance with applicable laws.

How Is Your Personal Information Disclosed By Jim’s Group?

Your Personal Information will be disclosed to us as National Franchisor, our related entities and third parties providers as necessary to facilitate any of the abovementioned purposes, including in the following circumstances:

• our franchisees and franchisors;
• if we do not have franchisees available, and with your consent, to independent contractors outside of our franchise system who can provide you with the required service/s;
• our third-party service providers (for example, our IT infrastructure providers, our training providers);
• our marketing providers; or
• our professional services advisors.
• We do not and will not rent, sell or otherwise disclose your Personal Information to any other company or organisation, without your prior consent, where that consent is required by law.
• You do, however, consent to our use and disclosure of your Personal Information in the following ways:
  • to third party consultants who may from time to time manage all or part of our database or computer systems or internet sites;
  • to third party professional service advisors;
  • to third party service providers who help us provide a service to you (for example, Foothills Conference Centre Pty Ltd);
    
  • to a third party where we outsource any of our functions, including but not limited to processing online payments, information technology and cloud storage service providers and processors, SMS and email marketing services providers, for the development, production and/or printing of advertising and marketing material and campaigns, including where such material contains photos or video of individuals; mystery shopping and customer satisfaction surveys;
• prospective franchisors/franchisees and franchisors/franchisees’ details will to be provided to some suppliers or third party service providers, to enable them to contact franchisees for purposes related to their function as supplier or service provider;
• prospective franchisors/franchisees and franchisors/franchisees’ details will be provided to our Legal department and Documents and Compliance department, for the production of legal franchising documentation and in relation to any matter requiring us to seek legal advice or assistance;
  • of or incidental to a sale of all or part of our business, to prospective purchasers and their legal and accounting representatives;
  • to the general public, for example, via internet when notifying of competition results or via media when photographs or video are used in advertising material or campaigns; and
  • as required by law.

We use and disclose information we hold about you as an employee, of or incidental to our role as your employer and in accordance with applicable laws.

Disclosure Of Your Personal Information Via Social Media Sites and Applications

By engaging in any Social Media Activity on our Social Media Sites and Applications, you agree to and are subject to the terms and conditions of such Social Media Sites and Applications. Any Personal Information shared by you on Social Media Sites and Applications can be disclosed in accordance with the terms and conditions and privacy policies of such Social Media Sites and Applications.

Generally, photos and other material shared to Social Media Sites and Applications will be able to be viewed by the general public. Such photos and other material may be further shared by others indefinitely and will be visible by anyone visiting the locations to which the photos or other material have been shared. You may be able to remove the photos or other material that you have shared from the location at which you shared it. However, any material that has been further shared will be out of our control and neither you nor we will be able to remove it from any such location. We are not responsible for any material that has been shared.

We reserve the right to remove any photos, comments or other material that is in any way inappropriate or offensive (in our opinion) from our Social Media Sites.

Unsolicited Disclosure To Jim’s By Third Parties

Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

Cross Border Disclosure

Some programs, software, online tools, Applications or Social Media Sites used by us, are based in and/or housed overseas, including New Zealand, Canada and the United States of America. Whilst we do not actively disclose your Personal Information to such third party organisations, the use of such programs by us may inadvertently involve disclosure of your Personal Information to such organisations overseas.

We will take reasonable steps to ensure the security of your Personal Information when we disclose to third parties overseas. We will only disclose to overseas third parties if:

• you have provided us with your consent to do so;
• the disclosure is compliant with applicable Australian data protection and privacy laws; and
• the disclosure is required or authorised by an Australian law or court/tribunal order.

It is important to note that the use and disclosure of your Personal Information by such overseas organisations is in accordance with the terms and conditions and privacy policies of each individual organisation. We are not required to take steps to ensure that such organisations do not breach the APPs in relation to the disclosed information. Having been informed of the possibility that such disclosure may occur; by undertaking or continuing to undertake the type of activities you are indicating your consent.

How Do We Protect Your Personal Information?

We are committed to protecting your Personal Information and we will take all reasonable steps to ensure that the Personal Information we hold about you is kept confidential and secure, including by:

• ensuring the robust physical security of our premises and databases/records;
• taking measures to restrict access to only personnel who need that information to effectively provide our services to you;
• securely destroying or “de-identifying” Personal Information if we no longer require it subject to our legal obligations to keep some information for certain prescribed periods; and
• implementing technological measures, such as computer passwords, data back-up, anti-virus software and firewalls.

We will regularly review the appropriateness of the abovementioned measures to keep the data we hold secure.

Please note that our website does not provide systems for secure transmission of Personal Information across the internet, except where otherwise indicated. When emailing or providing Personal Information to us via our website, please be aware that there are risks involved in transmitting Personal Information via the internet. Our website may contain links to other websites operated by third parties. We make no representations or warranties in relation to the privacy practices employed by third party providers and for Personal Information provided by you via unsecured websites. The third party providers and websites you interact with are responsible for informing you about their own privacy practices and we encourage you to read their privacy policies.

We cannot provide a guarantee with respect to the security of your Personal Information and we will not be liable for any breach of security or unintended loss or disclosure of information due to the website being linked to the internet. You submit information over the internet at your own risk.

Once your Personal Information is no longer required for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored by us for a minimum period of time in compliance with relevant company, legal, tax and accounting laws.

Accessing, Correcting and Maintaining The Quality Of Your Personal Information

In dealing with your Personal Information we will take reasonable steps to ensure your Personal Information is accurate, complete and up to date.

• You may request access to the Personal Information we have about you in our possession at any time by contacting our Documents Team. Generally you will receive a response within 30 days. It is important to note that access is subject to certain exceptions, such as if it would be reasonable to assume your request may:
• compromise the privacy of another person;
• pose a serious threat to the life or health of any individual;
• disclose commercially sensitive information of ours;
• be considered unlawful;
• be considered frivolous or vexatious; and
• interfere with existing or anticipated legal proceedings.

If we are unable to satisfy your request due to undisclosable content, we may provide a redacted version or consider whether the use of an intermediary is appropriate and would allow sufficient access to meet the needs of both parties.

In order to protect your Personal Information we may require identification from you before releasing the requested information. You will not be charged a fee for your access, but we may charge an administrative fee for providing a copy of your Personal Information.

Under the Act, you also have a right to request that we correct information that you believe to be inaccurate, out of date, incomplete, irrelevant or misleading. Please advise us by contacting our Documents Team and we will take all reasonable steps to correct the information. We shall provide you with written notice if your Personal Information is corrected or updated.

If there is a denial of access to your Personal Information or a dispute as to the correctness of any Personal Information held, we will provide you with reasons for the denial or our refusal to correct the Personal Information. If you disagree with our decision for the denial or refusal to correct the Personal Information, you may request that we review the decision via our complaints handling procedures which are outlined below.

How To Unsubscribe From Our Direct Marketing

We may send you direct marketing communications and information about our services, opportunities, or events that we consider may be of interest to you if you have requested or consented to receive such communications. These communications may be sent in various forms, including mail, SMS, fax 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 each communication that you receive from us we will seek to attach simple instructions on how you can immediately unsubscribe from our mailing list. In any event, you can opt out from receiving promotional material at any time by emailing our Documents Team and asking to be removed from the mailing list.

Dealing With Us Anonymously Or Using An Alias

We will generally need to know who you are in order to provide you with our services. Despite this, in some circumstances you are entitled to interact with us anonymously or by using a pseudonym/alias, such as when making general telephone enquiries about the services we offer.

However, you may receive a better service or response if we know who you are as we can keep you up to date and better understand the circumstances of any complaint you might have. In most circumstances it would be impracticable to do so as we require certain information for identification purposes. As such, it would be unlikely that we would be able to carry out the services requested by you.

You must tell us if you are using a pseudonym when applying for our services. If we need to identify you, we will tell you whether or not your real name is required to access those services.

Changes To Our Privacy Policy

This statement sets out our current Privacy Policy. It replaces all of our other Privacy Policies which have been issued before the date of this Privacy Policy.

From time to time we may decide to amend or update this Privacy Policy. When this occurs, we will post the new version of the Privacy Policy on our website at www.jims.net. We encourage you to periodically review this Privacy Policy so that you remain informed as to how we are protecting your Personal Information.

Complaints

If you believe that we have not complied with our obligations pursuant to the Act, or have a complaint about the use or disclosure of your Personal Information by us, please contact our Documents Team.

Complaints can be received in several different ways:

• in person;
• by phone;
• in writing;
• via email; and
• via our website.

You will receive an acknowledgement of receipt of the complaint from us within five business days. We will endeavour to resolve your complaint as soon as possible and within 30 days. However, the length of time will depend on the nature and complexity of the issues you have raised.

If we decide that your complaint is justified, we will then decide what action we should take in response. We will always try to match our response to the nature of your complaint and your desired outcome, but this may not always be possible.

Some of the things that we may decide to do include:

• take action as necessary to rectify the problem or concern you have raised;
• provide you with written information or advice so that you can understand the outcome and how we have dealt with it; and/or
• take steps to change our policies or procedures if your complaint identifies a problem in the way we are doing things.

If you are not satisfied that the matter has been resolved, we can forward the complaint to our internal legal team. The internal legal team will review the complaint and take further actions in an attempt to resolve it.

It will not always be possible to resolve a complaint to everyone’s satisfaction. In that case, you might want to escalate the matter to the Privacy Commissioner via an online privacy complaint form which can be found at: https://www.oaic.gov.au/privacy/privacy-complaints/lodge-a-privacy-complaint-with-us#how-to-lodge-a-complaint-with-us.

We welcome your questions and comments regarding this Privacy Policy. If you have a suggestion as to how we may improve our Privacy Policy, please contact our Documents Team.

Contacting Us

If you have any further questions or concerns about the way we manage your Personal Information, including if you think we have breached the Australian Privacy Principles, please contact:

Email
privacy@jims.net

Phone
13 15 46

Post
Attention: Jim’s Group – Documents Team
48 Edinburgh Road, Mooroolbark VIC 3138

This policy was last updated on 3 December 2024