1. Who is covered by this policy
PepsiCo, Inc., together with all its operating divisions, subsidiaries and affiliates in Australia (including but not limited to PepsiCo Australia Holdings Pty Ltd ABN 25 079 719 743, The Smith’s Snackfood Company Pty Ltd ABN 31 057 976 940, Sakata Rice Snacks Australia Pty Ltd ABN 94 064 157 026 and Quaker Oats Australia Pty Ltd ABN 73 065 540 865) (collectively “PepsiCo”, “we” or “us”) respects and is committed to protecting your privacy.
2. What is covered by this policy
This policy sets out how we manage your “personal information”. When used in this policy, the term “personal information” has the meaning given to it in the Privacy Act. In general terms, it is any information that can be used to personally identify you. This may include your name, address, telephone number, email address and profession or occupation. If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.
We collect personal information in the course of our business dealings with you. Generally, and as appropriate, we will tell you why we are collecting personal information, when we collect it and how we plan to use it, or these things will be obvious when we collect the information. We usually collect personal information such as name, email and street address, telephone number, and records of your communications and interactions with us.
We may collect your personal information through our websites, by phone, email, or through your participation in a promotion, competition, or survey. Such promotions, competitions or surveys may be conducted through third party websites, such as Facebook.
We may also collect your personal information during the recruitment process when you enquire about or apply for any positions at PepsiCo. It may be collected as part of your application submitted or provided to us by a third party such as a recruitment agency. We may also collect your personal information if you or your employer propose to provide contracted services to us.
In these circumstances your personal information may be provided by you directly to PepsiCo or by your employer providing us with your personal details. Any personal information submitted to PepsiCo, and the use and protection of such information is governed by the Australian Privacy Principles within the Privacy Act. Further information on the Australian Privacy Principles can be found on the Office of the Australian Information Commissioner website.
If you do not provide us with the personal information described above, some or all of the following may happen:
• we may not be able to provide any products or services to you, either to the same standard or at all;
• we may not be able to provide you with information about products or services that you may want, including information about special promotions;
• we may be unable to tailor the content of our websites to your preferences and your experience of our websites may not be as enjoyable or useful; or
• we may not be able to consider your application for employment or an application to provide contracted services.
As a general rule we do not collect sensitive information (as defined in the Privacy Act). However, if we do, it will usually be for the purposes of facilitating our business dealings with you and, if the law requires us to, we will seek your consent to collect your sensitive information.
If you provide us with personal information about another person, you should tell that person about this policy and let them know that their information has been provided to us. We may also collect some information that is not personal information because it does not identify you or anyone else. For example, we may collect anonymous answers to surveys or aggregated information about how users browse our website.
4. Use and Disclosure
We use your information to provide and market our products to you and to fulfil administrative functions associated with our business activities. This can include processing payments, delivering orders, managing promotions, providing refunds and discounts, verifying your identity, communicating with you (including direct marketing), conducting product and market research, maintaining and updating our records, dealing with enquiries from you, and working with our service providers and other PepsiCo group companies in Australia.
We may also use and disclose your personal information:
• to answer enquiries and provide information or advice about existing and new products and services;
• to provide you with access to protected areas of our websites;
• to assess the performance of our websites and to improve the operation of our websites;
• to conduct business processing functions including providing personal information to our related bodies corporate, contractors, service providers or other third parties;
• for the administrative, marketing (including direct marketing), planning, product or service development, quality control and research purposes of us and our related bodies corporate, contractors or service providers;
• to provide your updated personal information to our related bodies corporate, contractors or service providers;
• to update our records and keep your contact details up to date;
• to process and respond to any complaint made by you;
•to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, court or tribunal or in co-operation with any governmental authority;
• to protect our lawful interests and facilitate purchases and potential purchases of our businesses;
• with your consent;
• otherwise as required or authorised under an Australian law.
We may provide marketing communications and targeted advertising to you on an ongoing basis by telephone, electronic messages (e.g. email and SMS) and other means. You can call us on 1800 500 502, or contact us using the other contract details below, at any time to opt out of electronic and telephone direct marketing communications.
We may disclose your information to:
• service providers, contractors and strategic partners from time to time to help us provide and market our products to you;
• our employees, related bodies corporate, contractors or service providers for the purposes of operation of our website or our business, fulfilling requests by you, and to otherwise provide services to you including, without limitation, web hosting providers, IT systems administrators, mailing houses, couriers, payment processors, data entry service providers, electronic network administrators, debt collectors, and professional advisors such as accountants, solicitors, business advisors and consultants;
• suppliers and other third parties with whom we have commercial relationships, for business, marketing, and related purposes; and
• any organisation for any authorised purpose with your consent.
If we do this, we will take steps to ensure those parties protect your information in the same way we do. From time to time, we may share your information with our business partners who will use your information to tell you about products or services which we think may be of interest to you.
We may also combine or share any information that we collect from you with information collected by any of our related bodies corporate (within Australia).
5. Our websites
5.1 Application of this policy
This policy also applies to our websites including www.pepsico.com.au, www.pepsimax.com.au, www.gatorade.com.au, www.smiths.com.au, www.doritos.com.au, www.redrockdeli.com.au, www.sakata.com.au, www.twistiesmuseum.com, www.smithsfortune.com.au, www.offtheeatenpath.com.au and www.smithssnackvend.com.au, including any personal information you provide to us using one or more of our websites.
As our website is linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you communicate to us online. We also cannot guarantee that the information you supply will not be intercepted while being transmitted over the internet. Accordingly, any personal information or other information which you transmit to us online is transmitted at your own risk.
Our website may contain links to other websites operated by third parties. We make no representations or warranties in relation to the privacy practices of any third party website and we are not responsible for the privacy policies or the content of any third party website. Third party websites are responsible for informing you about their own privacy practices.
6. Direct marketing materials
We may send you direct marketing communications and information about our products and services that we consider may be of interest to you. These communications may be sent in various forms, including mail, SMS, fax and email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth). 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 marketing list. We may provide your personal information to other organisations, for example our marketing agencies, for the purposes of direct marketing.
7. Do we disclose your information to anyone outside Australia?
We may disclose personal information to our related bodies corporate and our third party suppliers and service providers located overseas for some of the purposes listed above.
We take reasonable steps to ensure that the overseas recipients of your personal information do not breach the privacy obligations relating to your information.
Some of our subsidiaries, related companies and/or programs may have their own, possibly different, policies that are posted on their own websites. If you visit their websites or otherwise deal with any of them directly, we encourage you to review those policies available on their websites.
We may disclose your personal information to entities located outside of Australia, including the following:
• our related bodies corporate, located in the United States of America and New Zealand;
• our data hosting and other IT service providers, located in the United States of America, Singapore and India;
• our accounts receivable and claims processing providers, located in India; and
• other third parties located in the United States of America and New Zealand.
8. Security and data quality
We hold personal information electronically and in hard copy form, both at our premises and with the assistance of our service providers. We use a variety of physical and electronic security measures including restricting physical access to our offices, firewalls and secure databases to keep personal information secure from misuse interference and loss and from unauthorised access, modification or disclosure
We take reasonable steps to ensure that the personal information that we collect, use and disclose about you is accurate, complete and up-to-date and, in relation to the purpose of our use or disclosure, relevant. Personal information is destroyed or de-identified when no longer needed or where we are no longer required by law to retain it (whichever is the later).
We are bound by the Australian Privacy Principles in the Privacy Act. Where appropriate we will handle personal information relying on the related bodies corporate exemption in sharing your information within PepsiCo and the employee records exemption in the Privacy Act when dealing with the personal information of any PepsiCo employee.
10. Access and correction
You may request access to any personal information that we hold about you at any time by contacting us (see the details below). Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you). We may charge you a reasonable fee to cover our administrative and other reasonable costs in providing the information to you. We will not charge for simply making the request and will not charge for making any corrections to your personal information.
There may be instances where we cannot grant you access to the personal information that we hold about you. For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, and if it is reasonable to do so, we will give you written reasons for any refusal.
If you believe that any personal information that we hold about you is incorrect, incomplete or inaccurate, then you may request that we amend it. We will consider if the information requires amendment and notify you of our decision.
For any personal information that we hold about you, we will:
• respond to your request that for the correction of your personal information within a reasonable time (usually within 30 days);
• if we agree to your request, promptly correct any personal information that we hold about you that we are satisfied is inaccurate, out-of-date, incomplete, irrelevant or misleading; and
• if we do not agree that there are grounds for amendment, then we will not correct your personal information. However, you may request that we add a note to the personal information stating that you disagree with it.
11. What is the process for complaining about a breach of privacy?
If you believe that your privacy has been breached, please contact us using the contact information below and provide details of the incident so that we can investigate it.
If you wish to make a complaint that relates to your personal information, you must first lodge your complaint with us using the details in section 12 (Contact us) below and provide us with details of the incident so that we can investigate it.
We will treat your complaint confidentially. Our representative will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in a timely and appropriate manner.
If you are not satisfied with our handling of your complaint or our proposed resolution, you have a right to lodge a further complaint with the Office of the Australian Information Commissioner (for more information, please see www.oaic.gov.au). The Office of the Australian Information Commissioner can provide you with further information about the next steps in its complaints process.
12. Contact Us
If you have any questions about this policy, any concerns or a complaint regarding the treatment of your personal information or you want to notify us of a possible breach of your privacy, please contact the PepsiCo Privacy Officer as follows:
Phone: 1800 025 789
Post: Tower A, Level 4 799 Pacific Highway Chatswood NSW 2067 Australia
13. Changes to our privacy and credit reporting policy
This policy was last updated in February 2020.
Credit Reporting Policy
1. Who is covered by this policy
PepsiCo, Inc., together with all its operating divisions, subsidiaries and affiliates in Australia (including but not limited to PepsiCo Australia Holdings Pty Ltd ABN25 079 719 743, The Smith’s Snackfood Company Pty Ltd ABN 31 057 976 940, Sakata Rice Snacks Australia Pty Ltd ABN 94 064 157 026 and Quaker Oats Australia Pty Ltd ABN 73 065 540 865) (collectively “PepsiCo”, “we” or “us”) respects and is committed to protecting your privacy.
This document is our Credit Reporting Policy and describes how we comply with the credit reporting obligations contained in the Privacy Act 1988 (Cth) (“Privacy Act”) and the Credit Reporting Code 2014 v 2.
In this policy, the term “credit-related information” means credit information, credit eligibility information and CRB derived information as those terms are defined in the Privacy Act. Generally speaking, credit-related information will include your name and address, your contact details, your date of birth and gender, details of your credit history (including any repayments missed or late repayments that you have made), information about any credit provided to you by credit providers (such as financial institutions, utilities or telecommunications providers), any credit rating or credit assessment score that we have derived or that is provided to us by a credit reporting body and details of any credit-related court proceedings or insolvency applications that relate to you.
2. Application of this policy
We may provide commercial credit to individuals, and this policy will apply in such circumstances. We may conduct a credit check on you, any joint account holders (or for corporate customers, any directors, partners, beneficial owners or other authorised representatives) before credit is provided to you (or your related entity).
The Privacy Act and this policy do not apply to commercial credit provided to companies or other entities. However, this policy will apply where an individual applies for commercial credit or we request that a director or other authorised individual guarantees the commercial credit to be provided by us to a company or other entity. This policy will only apply in respect of any uses of individuals’ credit-related information as part of any assessment of the creditworthiness of that individual that we undertake and any consideration that we undertake in relation to an individual’s suitability as a guarantor.
3. Collection of credit-related information
We may collect the following particular types of credit-related information about you:
• your name, residential address (including previous addresses), contact details (including telephone and email addresses) and other identity verification emails;
• your date of birth and gender;
• details about your employment, including your occupation and the name of your employer;
• your credit history (including any repayments missed or late repayments that you have made);
• details of any credit provided to you by other credit providers (such as other financial institutions, utilities or telecommunications providers);
• any credit rating or credit assessment score that we have derived or that is provided to us by a credit reporting body; and
• details of any credit-related court proceedings, insolvency applications that relate to you or other credit-related publicly available information.
We may obtain this information from you or from third parties, including from credit reporting bodies and other credit providers, in order to assist us in determining whether we will provide any credit to you (or to your related company or other entity) or accept you as a guarantor of that credit.
4. Our use and disclosure of your credit-related information
We may use the credit-related information that is collected and held by us to help us decide whether or not to provide credit to you (or to your related company or other entity). We may also use this information to derive or calculate a credit assessment score in relation to you, which we may use to help in conducting an assessment of your creditworthiness or the creditworthiness of your related company or other entity.
The credit-related information that we hold about you may be used by us in accordance with Part IIIA of the Privacy Act and the Credit Reporting Code. The purposes for which we use your credit-related information may include:
• using your credit-related information to assess any application that you make to us for credit (or which is made by your related company or other entity);
• using your credit-related information to collect payments that are owed to us in respect of any credit that we have previously provided to you (or to your related company or other entity);
• disclosing your credit-related information to any of our related companies that are also are considering whether to provide credit to you (or to your related company or other entity);
• where you have offered to guarantee credit that we have offered to provide to your related company or entity, to assess your suitability as a guarantor of that credit and to enforce that guarantee if required;
• disclosing your credit-related information to a third party that you or we ask to act as a guarantor of any credit provided to you;
• disclosing your credit-related information to the credit reporting bodies that we deal with, including Equifax. Credit reporting bodies collect different types of credit-related information about individuals and use that information to provide a credit-related service to their customers (including to us);
• disclosing your credit-related information to other third parties that provide services to us (or to you on our behalf), including Commercial Credit Services. These might include debt collectors, credit management agencies and other third parties that process applications for credit made to us;
• disclosing your credit-related information to other credit providers which provide, or are considering providing, credit to you (or to your related company or other entity);
• using and disclosing credit-related information that we hold about you to assess and respond to any access or correction requests that you make to us;
• where we are consulted by a credit reporting body or another credit provider about an access or correction request that you have made to those entities, to respond to that consultation request;
• where you complain to the Information Commissioner or any provider of a recognised external dispute resolution scheme about our treatment of your credit-related information, to respond to that complaint and to seek legal and any other professional advice in relation to your complaint;
• using and disclosing credit-related information that we hold about you as required by law or the order of a court or tribunal; and
• where you otherwise expressly consent to the use or disclosure.
5. Third parties to whom PepsiCo may disclose your credit-related information:
We may obtain and disclose credit reporting information about you from and to credit reporting bodies for the purposes described above, where the Privacy Act permits us to do so.
Should you fail to meet your payment obligations or commit a serious credit infringement in relation to the credit we provide to you, we may be entitled to disclose this information to credit reporting bodies.
PepsiCo shares credit information with the following credit reporting bodies:
• Equifax Pty Ltd, www.equifax.com.au; and
• Commercial Credit Services Pty Ltd, www.commercialcredit.com.au.
These credit reporting bodies have policies which outline how they manage credit reporting information. To access this, visit the websites listed above and follow the “Privacy” links.
You have the right to request that the credit reporting bodies exclude your credit reporting information from pre-screening for direct marketing offers from any credit provider (including PepsiCo). You also have the right to request that the credit reporting bodies do not use or disclose your credit reporting information in circumstances where you reasonably believe you have been, or are likely to be, a victim of fraud including identity-related fraud.
To the extent permitted by law, we may disclose your credit-related information to the following third parties:
• our related companies;
• other credit providers;
• current or prospective security providers or guarantors in relation to the security we provide you;
• third parties that conduct credit assessment, management and debt collection activities on our behalf; and
• organisations involved in securitisation arrangements or debt assignment.
6. Disclosure of your credit-related information overseas
PepsiCo utilises third party services and shares information with its related companies which are located outside Australia. The countries in which these recipients are based are USA, New Zealand, Singapore and India
7. Access and correction
You have a right to request access to, or the correction of, any credit-related information that we hold about you. You may make this request by contacting us on the details listed below.
8. Will I be charged?
You will not be charged for making an access request, however, we may apply an appropriate administration fee for providing access in accordance with your request. We will usually provide access within 30 days, however, if we are unable to provide you access to your credit-related information, we will advise you in writing, including the reason for this. If you make a correction request, we will advise you in writing if we are unable to agree to the correction of your credit-related information, and will provide reasons for this.
You may complain about any failure by us to comply with Part IIIA of the Privacy Act or the Credit Reporting Code. You can contact us using the details below. You will receive an acknowledgement of your complaint and information on how PepsiCo intends to deal with your complaint in a timely manner.
Where your complaint relates to the correction of your credit-related information and the resolution of your complaint requires us to correct your information, we will inform each other credit provider and credit reporting body that we have previously disclosed your information to that that you have made a correction complaint in relation to that information and that we have corrected your information as a result of the outcome of that complaint. However, if it is impracticable or illegal for us to do so we are not required by law to give this notification.
If your complaint remains unresolved, or you are unsatisfied with our decision, you may lodge a complaint directly with the Office of the Australian Information Commissioner (for more information, please see http://www.oaic.gov.au) or with a provider of an external dispute resolution scheme (if we are required by law to be a member of such a scheme). If this applies, we will notify you of this and the identity of the external dispute resolution provider at the time that you make a credit-related complaint.
10. Contact details
Phone: 1800 025 789
Post: Attention: PepsiCo Privacy Officer, Tower A, Level 4, 799 Pacific Highway, Chatswood NSW 2067, Australia.
This policy was last updated in December 2019.