Privacy policy

This page was last updated on 1st of August 2023.

The BurgerFuel group of companies being Burger Fuel Group Limited and its subsidiaries and associated companies, successors, transferees and assignees (“Shake Out” and collectively, “we” or “us”) recognise the importance of safeguarding your personal and financial information and respect your rights under the New Zealand Privacy Act 2020.

This privacy policy explains how Shake Out may collect, store, use, and disclose any personal information that you provide to us when using this website, our app or using our products and services.

Your continued use of this website, our app or products and services provides your unconditional consent to us collecting, storing, using, and disclosing your personal information in the manner set out below. This privacy policy is subject to, and must be read in conjunction with, our Terms and Conditions of Use.

1. Personal information we collect and how we may use it

Directly: Shake Out may collect your personal information (including, without limitation, your name, email address, phone number, birthday, local store, food preferences, and postal address) when you:

use this website;
use our mobile application (“app”);
register for an account on our website or app;
purchase or use our products and/or services;
place an order for our products and/or services (whether online or instore);
enter or visit any Shake Out store;
sign up to the Shake Out Perks loyalty programme or any other loyalty programme established by Shake Out from time to time, including any rewards you have earned;
complete a customer survey;
participate in any offers, marketing activities and/or promotional activities;
provide feedback or otherwise communicate with us through our website, app by email or social media accounts; or
upload anything to our website.

Automatically: When you visit Shake Out’s websites, Shake Out may use automated technology (such as usage monitoring software, cookies, and sessions) to collect and store certain information about your visit, including (without limitation):

the IP address and domain name used by your device to connect to the internet;
the operating system and the browser your device uses, and any search engine used to access this website, app;
the date and time you are visiting;
the pages you visit;
your location (subject to your device location settings); and
any other information you expressly provide (such as your name, email address, postal address, and phone number).

We use cookies (being an alphanumeric identifier that we transfer to your device’s hard drive so that we can recognise your browser) to monitor your use of our website and app. This information is anonymous and is used to enable us to enhance and customise your experience across the provision of our website and use of our app, products and services. You may disable cookies by changing the settings on your browser, although this may mean that you cannot use all of the features of our website, app, products and services.

This information will be used in aggregate form to analyse how this website is being used (for example: to ascertain which pages are the most popular). The information is used to gain a better understanding of how we can better this experience for our customers.

Except for the reasons set out in this privacy policy, we will not disclose any such information except in aggregate form. We may gather more extensive information if we are concerned, for example, about abnormal website usage patterns or website security breaches.

From third parties: In addition to the information we collect directly from you, we may collect personal information from third parties. This may be publicly available information or may be from our delivery and/or ordering partners, payment partners, marketing and research partners or customer engagement, loyalty and management partners. This information is used to supplement the personal information we already hold about you.

Social Media: If you engage with Shake Out via any of its social media platforms Shake Out may collect the personal information associated with your social media account.

If you send us an email, we may store your email address and the contents of the email. This information will only be used for one of the purposes listed above. Electronic mail submitted to Shake Out is handled and saved according to the provisions of the New Zealand Privacy Act 2020.

You may decide not to provide your personal information to Shake Out. However, if you do not provide it, Shake Out may not be able to provide you with access to certain information or services.

If you cannot be identified from the information that we collect (for example, when personal data has been anonymised) then this privacy policy does not apply to that information.

We do not collect any other personal information about you, including details about your race, ethnicity, religious beliefs, sexual orientation, political information or any other genetic or biometric data.

2. Purpose and use of your personal information

Shake Out may use the information it collects from you for the following purposes:

To help us provide our products and services to you and to facilitate payment.
To improve, enhance, update, customise and maintain our website and services to optimise your customer experience.
To respond to, and process, your request for assistance or any other communications from you.
To improve our products and services.
To market and inform you about our promotions or other information relating to Shake Out.
For any other purpose authorised by you.

Any information we collect will not be used in ways that you have not consented to.

We may send you direct marketing communications about our promotions and information about our goods and services. These communications may be sent in various forms, including SMS and email, in accordance with applicable marketing laws, such as the Unsolicited Electronic Messages Act 2007. 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 (see the details below) 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.

3. Storage and protection of your personal information

As required by the Privacy Act 2020, Shake Out follows strict procedures when storing and using the personal information you have provided to ensure it is protected from unauthorised access.

The personal information that Shake Out collects from you may be stored digitally in the form of cloud storage. This information may be accessed by Shake Out employees or agents and we will ensure that access to this information is restricted. Shake Out has appropriate systems in place to protect against unauthorised access, copying or disclosure of any personal information. We carry out ongoing reviews of the security measures in place to ensure that your information is securely held.

4. Disclosure of your personal information

Unless expressly authorised by you or under this privacy policy, Shake Out will not disclose your personal information to any third party except in the course of providing our services to you. We may disclose your personal information in the following circumstances:

To third party service providers who provide services to us or on our behalf. This includes providers who support our delivery of the website, app and/or services to you, providers who assist processing of payments, delivery service providers, online ordering service providers, IT and cloud storage service providers and processors, providers of SMS service and mailing houses, credit referral agencies, business advisers or providers who assist us with customer engagement, management marketing or promoting our services to you.
To a joint promoter or service provider for marketing and research purposes (only if your personal information is collected in connection with a joint promoter or service provider).
To any entities that we are required or permitted by law to disclose your information to.
To its agents, affiliates or service providers who act for or on behalf of us in connection with our business, or for further processing, in accordance with the purpose(s) for which the personal information was originally collected.
To any third parties notified to you at the time of collecting your personal information.
To such other persons with your express consent.

However, in general, the intended recipients of the information is Shake Out.

Some of our related entities and third party service providers are located in countries outside of New Zealand. Although these countries may have different privacy laws, we will use reasonable endeavours to ensure that your personal information remains protected to the same standard it would if it was being held in New Zealand.

Shake Out will not sell, trade or rent your personal information to others. Shake Out may provide aggregate statistics about our customers and website/app trends, however, these statistics will not have any personal information which would identify you.

Shake Out may disclose information about you or your use of the website/app and/or services without your prior permission if Shake Out has a good faith belief that such action is necessary to:

Conform to legal requirements (including, but not limited to, requirements in accordance with any applicable law, regulation or government request) or comply with legal process, or to help maintain the law.
Protect our rights or property.
To defend our legal rights.

5. Retention, access & changes to personal information

Shake Out will hold your personal information for such period of time as we have an ongoing business need to retain it (for example, to comply with all applicable legal requirements) and otherwise as long as we are entitled to do so.

Shake Out will take reasonable steps to ensure the personal information used or disclosed in accordance with this privacy policy is accurate, complete, relevant, up to date and not misleading.

You have rights of access to, and correction of, personal information. If you wish to arrange such access and/or correction then in the first instance contact us on [email protected].

There are some exceptions where Shake Out may refuse correct, or to give you access, to your personal information. In these circumstances, we will give you written notice setting our reasons for the refusal and the mechanisms available if you wish to complain about the refusal.

In respect of a request for correction, if we think the correction is reasonable and we are reasonably able to change the personal information, we will make the correction. If we do not make the correction, we will take reasonable steps to note on your personal information that a correction was requested and take reasonable steps ensure this is read alongside your personal information.

We may charge you our reasonable costs of providing to you copies of your personal information or correcting that information.

6. Personal information collected and used when ordering

Shake Out encourages you to review the privacy statements of websites you choose to link to from this website so that you can understand how those websites collect, use and share your information. Shake Out is not responsible for the privacy statements or other content on websites linked from this website.

Collection of information when ordering

If you place an order with us (both in store and online) we may collect the following personal information from you (if applicable):

Your first and last name.
Your email address.
Your mobile phone number.
Your address information.
Your IP address as part of your order.
Your feedback.
Your previous order information.
Any delivery instructions or comments.
If you’ve joined our Shake Out Perks loyalty program, we collect information about the points you accrue and product voucher you use such as type of voucher, order details, date used.
If you use a Shake Out voucher, we collect information about the voucher such as type of voucher, order details, date used.

Purpose of collecting information

We collect and will use this information for the purposes of:

Providing you with an email confirmation of your order.
Providing you with the assistance, products and/or services you have requested.
Verifying your credit card payment.
Allowing you to sign up to Shake Out Perks.
Determining the number of visitors to this website and our app and conducting reviews of this website and our app.
Judging competitions, fulfilling prizes, awards and purchases as part of the Shake Out Perks loyalty programme (if you have joined).
Sending you offers or information on products or services that we consider will be of interest to you as part of the Shake Out Perks loyalty programme (if you have joined).
Keeping you informed about any changes to our websites,app as well as goods and/or services.
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.
Any other purposes identified at the time of collecting your information.
Helping you remember and re-order from our menu in future
Requesting your feedback on our products and/or services.
Responding to any complaints, enquiries and feedback.
Un-subscribing your details from our databases.

Shake Out uses SSL to provide a secure and encrypted connection for your use of credit cards when making an order. Shake Out does not store any credit card details and all payments are handled by a secure, PCI compliant, third party.

7. Changes to our privacy policy

If Shake Out changes any aspect of this privacy policy Shake Out will post these changes on this page so that you are always aware of how Shake Out is treating your personal information. Any changes will take effect immediately once they are posted on this website. It is your responsibility to check this privacy policy regularly for any modifications or updates.

8. Third party websites

Shake Out’s websites may include links to third party websites that are controlled and maintained by others. We have no responsibility and we will have no liability for the content and activity of these linked sites.

9. CCTV Privacy Notice

Collection of Information via CCTV
Shake Out has installed CCTV cameras with video monitoring and recording capabilities at stores and its other premises. Signage is installed at entry to the premise notifying staff and visitors that CCTV is in operation. The areas of operation at this site may include the main dining room, kitchen facilities, storage area and pedestrian entry/exit points.

Purpose of Collecting Information
Shake Out has installed CCTV at its sites for the purposes of:

security and loss prevention (including to deter or investigate loss or damage);
health and safety, including monitoring and assessing safe work practices; and
staff training and performance monitoring.

Security and Use of the Information
Personal information collected by Shake Out via CCTV will be kept securely for a limited period. We usually retain CCTV footage for a period of 30 days. We may retain CCTV footage for longer if required by law, or if we think doing so is appropriate to help us with any of the purposes outlined above. Shake Out takes all reasonable steps to protect such personal information against loss, manipulation, misuse and unauthorised access. CCTV footage will only be viewed by authorised Shake Out managers and staff. Shake Out may use and disclose personal information collected via CCTV for the above purposes and as otherwise permitted by law, in accordance with the New Zealand Privacy Act 2020.

Accessing the Information
Any individual who is recorded by a Shake Out CCTV camera system has the right to access the footage in accordance with the Privacy Act 2020. The individual has no right to access footage that does not relate to the individual.

8. Contacting us

Shake Out welcomes any questions or comments you may have. Please feel free to contact us by email at [email protected]. These terms govern the use of this website. Please read them carefully.

If you have any complaints about our privacy practices, we request that these be made in writing, so we can be sure about the details of the complaint. We will investigate your complaint and will advise you of the outcome of our investigations in writing.

If you are not satisfied with our response or wish to make a direct complaint to the regulator, you may contact the applicable Privacy Commissioner New Zealand at:

Office of the Privacy Commissioner

www.privacy.org.nz

0800 803 909