PRIVACY POLICY
General information
The Cheesecake Shop (NZ) Limited, its subsidiaries and affiliates (‘TCS’ and collectively, ‘we’, ‘us’ or ‘our’) recognise the importance of safeguarding your personal information and are committed to protecting your privacy and ensuring the security of your personal information in compliance with the Privacy Act 2020.
This Privacy Policy explains how we collect, use, store and disclose your personal information, and how you can exercise your rights in relation to your personal information.
By continuing to use our website or services, you consent to the collection, storage, use and disclosure of your personal information as described in this Privacy Policy.
Please read this Privacy Policy in conjunction with any applicable terms and conditions provided to you when you interact with us, including through our stores, website and other services.
We may update this Privacy Policy from time to time, so please review it periodically to stay informed of any changes. Your continued use of our services signifies your acceptance of any updates to this Privacy Policy. All personal information we collect, use and disclose will be managed in accordance with the latest version of our Privacy Policy.
Personal Information
Personal information is information about any identifiable individual (a natural person), and includes personal data, personally identifiable information and equivalent information under applicable privacy and data protection laws.
Collection of your Personal Information
TCS collects a variety of personal information, including without limitation, your name, phone number, email address, billing address and delivery address.
We collect personal information only when necessary for our business operations or activities and do so by lawful and fair means.
Where you directly interact with us, we may collect various types of personal information, including but not limited to:
when you purchase a product online via our website;
When you participate in competitions, promotions, surveys or register an account with us;
subscribing to our direct marketing or following our social media platforms such as Meta, Instagram, LinkedIn or TikTok;
by accessing our website via links in an email we have sent;
placing an order with us (either in-store, online or telephone);
if you use our ‘store locations’ feature on our website,
placing orders via our third party service providers such as Uber Eats, Menulog and DoorDash;
contacting TCS Customer Service;
applying to become a TCS franchisee;
applying for a position with TCS;
transaction details related to service use, including order preferences, dates, amount charged and payment method; and if you upload anything to our website.
Financial Transactions
All purchases that are made through our website are processed securely using an external payment processor and details are not stored by us.
Automatic Collection
When you visit our website, we may use automated technologies (such as cookies, usage monitoring software and session tracking) to collect and store certain information about your visit. This may include but is not limited to:
the IP address and domain name your device uses to connect to the internet;
the operating system, browser type and search engine used to access our website;
the date, time and duration of your visit;
the pages you visit on our website;
your location (based on your device location settings); and any personal information you provide, such as your name, email address and phone number.
Cookies
Our website uses temporary cookies—small alphanumeric identifiers transferred to your device’s hard drive—to maintain active sessions after user login. These cookies assist with website administration and usability improvements by helping us recognise returning visitors and tracking user navigation patterns. These cookies do not store personal information or provide access to any information stored on your device. Additionally, they do not interact with cookies from other websites. The information collected is used solely for the purposes mentioned above and to enhance our website's functionality. Please note that some browsers allow you to block cookies, but doing so may negatively affect your user experience on our site.
Information from Third Parties
We may collect personal information from third parties, including publicly available sources or data provided by delivery partners, payment processors, marketing agencies, and customer engagement platforms. This information helps us supplement and enhance the personal data we hold about you to provide better services.
Social Media
When you interact with us through social media platforms, we may collect personal information associated with your social media account. If you contact us via email, we may store your email address and any content you share. This information will be used only as outlined in this Privacy Policy and in compliance with the Privacy Act. Please note that personal information or comments you voluntarily post on our website or social media pages become publicly accessible. Your name may be visible to other users when you post comments or messages. Content you share publicly is not covered by this Privacy Policy.
CCTV
TCS locations may use CCTV surveillance to monitor and investigate incidents, ensuring the safety, security, and wellbeing of staff, customers, and visitors. We take all reasonable measures to safeguard this information against loss, tampering, misuse, and unauthorised access.
Combining and Using Your Information
We may combine information collected from cookies, third parties, social media interactions, and other sources with personal data we already hold. This helps us personalise your experience, improve our services, and ensure the security and functionality of our website and app.
How we manage and use your personal information
We may use your personal information to (without limitation) to:
process customer orders and providing customer support;
conduct direct marketing, sales and promotion of TCS products;
improve our product offerings and services;
administer our loyalty program;
assess your eligibility and purchase and operate a TCS franchise;
fulfilling our obligations under the Franchising Code of Conduct, which includes the storage and disclosure of personal information about former franchise directors (such as their name, location and contact details) with their written consent; assessing and managing employment applications; and supporting our internal operations, including meeting legal and regulatory requirements, such as those related to our franchise network disclosure obligations.
We use, hold and disclose your personal information primarily for the purpose for which it was collected, or as required by relevant privacy laws, for example, disclosure to law enforcement agencies if required.
Information collected through our website that does not identify users is owned by us and may be disclosed by us. We may share aggregated demographic information about our user base with our affiliates, partners and advertisers.
Where your personal information is stored
We store your personal information in both physical and digital formats, employing a range of safeguards – physical, electronic and procedural – to ensure its protection. This information may be stored in various systems, including:
customer databases for processing orders, inquires or feedback
marketing communications databases
databases for managing our franchise network administration
How your personal information is protected
We hold personal information both electronically and in hard copy form at our offices, on our servers and, in some cases, on third party could storage servers in New Zealand and overseas.
We take reasonable steps to safeguard your personal information from loss, interference and misuse and from unauthorised access, modification and disclosure. Our website does not necessarily use encryption or other technologies to ensure secure transmission of information via the internet. Users of our website are encouraged to exercise cade in sending personal information via the internet.
Disclosure of your personal information to third parties
We may disclose your personal information to:
related companies, contractors and agents of TCS for purposes related to our business operations;
marketing providers, market research and data analytics companies to perform direct marketing activities;
franchisees for handling inquiries or complaints; and others with your consent or as required by law.
When engaging third-party contractors to manage personal information, we will take reasonable measures to ensure that the third party use the information solely for the intended purpose for which it was provided.
How we use your personal information for direct marketing
With your consent, we may periodically send you direct marketing communications about our products and services. These communications may be delivered via email, SMS, mail or other channels, in compliance with the Unsolicited Electronic Messages Act 2007 and the Privacy Act. You can opt out of receiving these materials at any time by using the opt-out options provided (such as an unsubscribe link) or by contacting us using the details provided at the end of this Policy.
Franchise Applications
We collect personal information from franchise applicants for purposes including evaluating franchise suitability, conducting due diligence and meeting our franchisor disclosure obligations. This information may be shared with our related entities, prospective franchisees, referees, financial institutions, law enforcement, educational institutions (to verify qualifications, if needed), and other relevant authorities.
Employment Applications
We collect personal information from employment applications to evaluate candidates for positions, conduct reference checks and retain information for future openings. This information may be shared with referees, former employers, law enforcement agencies, educational institutions (to verify qualifications, if necessary) and our related entities as required.
Franchisees
Multiple TCS stores are independently owned and operated by franchisees. As a franchisor, we emphasise the importance of protecting customer data and adhering to privacy regulations throughout our franchise network.
Please note that this Policy does not cover the practices on franchisee’s independent social media accounts.
Disclosure of your personal information
TCS operates a network of stores across New Zealand and Australia. Due to the scale of our operations, it is occasionally necessary to share your personal information with our related companies and third-party service providers. This may involve transferring your information to countries outside your country of residence or the country where you initially provided the information.
Unless expressly authorised by you or permitted under this Privacy Policy, TCS will not disclose your personal information to any third party, except as necessary to provide our services to you. We may disclose your personal information in the following circumstances:
to third party service providers who assist us in delivering our website, app or service, including payment processors, delivery service providers, SMS service providers, IT and cloud storage providers, credit agencies and business advisors;
to joint promoters or services providers for marketing and research purposes, but only if your personal information is collected in connection with a joint promotion or service;
to agents, affiliates or service providers acting on our behalf in connection with our business, in accordance with the purposes for which the information was collected;
to any entities we are required or permitted by law to disclose your information to, including to protect our rights or property;
to third parties specified notified to you at the time of collection; and to any other persons with your express consent.
We may need to share some of the personal information we collect about you with organisations both inside and outside of New Zealand. Sometimes we may need to ask you before this happens. We may also disclose your personal information if we determine in good faith that disclosure is reasonably necessary to protect our rights and pursue available remedies, enforce our terms and conditions, investigate fraud, or protect our operations or users.
We may also disclose personal information collected through CCTV as permitted by law and in compliance with the Privacy Act 2020.
Opting in or out
You will be asked to consent to the use or disclosure of your personal information when collected by TCS. We will provide you with the opportunity to opt-out of receiving communications or promotional offers from us by using the unsubscribe link or contacting us directly via the contact information provided below.
Third party websites
Our website may contain links to third party websites. We are not responsible for the privacy practices or policies of these third parties. Privacy policies on other websites may differ significantly from ours. We encourage you to review their policies before using those sites.
Users outside New Zealand
The information we collect may be processed in and transferred between your location and New Zealand. New Zealand may not have equivalent information protection laws to those in force in your location.
Your Rights
Without limitation, you have the following rights:
The right to be provided full information about your personal information that we hold.
The right to require that we correct any incorrect information we hold about you.
The right to ask that we delete or destroy your personal information. Please note that certain conditions may apply to the exercise of this right.
The right to ask that we restrict the use of your personal information. Please note that certain conditions may apply to the exercise of this right.
The right to object to the use of your personal information by us. Please note that certain conditions may apply to the exercise of this right.
The right to receive your personal information in a structured and commonly used format. Please note that certain conditions may apply to the exercise of this right.
To exercise your rights, or if you require further information about how your personal information is used by us, you can contact us at: privacy@cheesecakeshop.co.nz.
You can also contact us if you have any questions or complaints about, or if you wish to restrict or object to how we collect, use, disclose, manage or store your personal information. We will respond to your request, where required by law, within 1 calendar month from the date your request is received. We will inform you if this timeframe is not achievable and extend this timeframe as permitted by applicable law. Subject to applicable law, we may charge a fee to cover the costs of meeting your request if your request is unfounded or excessive.
If we do not agree to provide you with access to, or to amend or erase, your personal information as requested or otherwise meet your requests, we will notify you accordingly. Where appropriate, we will provide you with the reason(s) for our decision and the mechanisms available to complain about the refusal. If the rejection relates to a request to change your personal information you may make a statement about the requested change, and we will attach this to your record.
In some circumstances, and subject always to legal obligations to the contrary, we may not be in a position to grant access to your personal information or otherwise meet your requests with respect to your personal information.
We are required to keep your information for so long as is required for our business operations or by applicable laws.
Accessing or correcting your personal information
You can request access to, or correction of, your personal information by contacting us or using the contact details provided at the end of this Policy. If we are unable to fulfill your request, we will explain the reasons why. We may also require additional information to verify your identify before granting access to or making changes to your personal information. We may charge a reasonable administration fee for processing your request.
Ensuring the accuracy of your personal information is important to us. If you believe any information we hold about you is incorrect, please contact us and we will take reasonable steps to rectify it.
Contact Us For questions or complaints regarding our handling of personal information, our privacy practices or if you would like to request access to, or a correction of, your personal information, please contact us at:
Mail The Privacy Officer
The Cheesecake Shop Pty Ltd
7B Canaveral Drive, Rosedale, Auckland
0632
Telephone +64 9475 9634
Email privacy@cheesecakeshop.co.nz
To address your inquiry or complaint, we may request additional details from you to fully understand your concerns. If we find your complaint to be valid, we will work with you to implement appropriate solutions.
If you are not satisfied with the resolution, you have the option to refer the matter to the Privacy Commissioner New Zealand by visiting their website at www.privacy.org.nz.
Effective Date
This Privacy Policy was last updated in April 2025.