20 June 2011

Mr Timothy Pilgrim Privacy Commissioner via electronic mail privacy@privacy.gov.au

Dear Mr Pilgrim, Re: Complaint against Jireh International Pty Limited ACN 071 676 661 as trustee for Jireh International Unit Trust (Gloria Jeans Coffees) ABN 26 937 002 364

I am writing to make a complaint about Jireh International Pty Limited ACN 071 676 661 as trustee for Jireh International Unit Trust (Gloria Jeans Coffees) ABN 26 937 002 364 (hereinafter referred to as Jireh). (Note that details of the respondents name, ACN and ABN have been taken from information supplied by Jireh. I do note, however, that the ACN number 071 676 661 cannot be found on the Australian Government business portal1.) Having recently visited a Gloria Jeans Coffees outlet I was handed a coupon for entry into Jirehs The Amazing Race Promotion. The entry coupon is shown at Attachment A, terms and conditions for this promotion2 are at Attachment B and the Gloria Jean's Coffees privacy policy3 at Attachment C. It was my intention to enter this promotion via the Gloria Jeans website4 but I found that the relevant web page was not encrypted. That is, the web page on which I can enter this competition sends my personal information to Jireh and its service providers in clear text. Refer to Attachment D for a screen print of the entry form and of the internet browser address bar. It is the lack of encryption on this page which is my primary concern and the thing which led me to complain to Jireh. As can be seen from the entry form, Jireh seeks to collect a vast array of personal and other information for entry into this competition: unique entry code, first name, surname, address, suburb, state, postcode, mobile telephone number, fixed line telephone number, electronic mail (email) address, date of birth, gender, details of the Gloria Jeans Coffees outlet and favourite Gloria Jeans Coffees drink.

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http://www.abr.business.gov.au/ http://stoptheworld.gloriajeanscoffees.com/Content/Terms.pdf 3 http://www.gloriajeanscoffees.com/au/footer/privacy.aspx 4 http://stoptheworld.gloriajeanscoffees.com/Entry

It is inappropriate that such personal information is sent over clear text, with no effort made by Jireh to afford its customers the most basic of security in the transmission of this information. Anyone connected to a public wireless access point (such as those found in Gloria Jeans Coffees outlets, or any other location) risks the real prospect of having their personal information being viewed and stored by a third party via readily available tools and browser add-ons. I note that your office recently investigated Google and its Street View vehicles which captured information from insecure wireless networks across Australia. It is unencrypted data like that which might be posted to Jireh via its web entry form that is at risk. Even use of a work or home internet connection provides no additional security as the information entered on that insecure web form travels over many networks between the customers computer and those of Jireh and its service providers. Jireh risks the personal information of its customers being captured then misused for identity theft and other fraud no matter what internet connection those customers use. It is now standard industry practice that any site which captures or delivers personal information does so via an encrypted (or HTTPS) page. Google, Facebook, Twitter and many other companies now offer encrypted access to their services. Online banking services have always been delivered via encrypted pages. As noted in my complaint to Jireh, even it appears to acknowledge the importance of encryption as the entry page to the Gloria Jeans Coffees Guest Card Program is by way of a secure form. (As an aside, I note that Jireh also accepts entry to this competition via SMS at a cost of 55 per entry. However, it is my preference to enter this competition via the website, and at no further cost. I also note that entry via SMS only requires that the unique entry code, name, address and state be provided to Jireh. SMS entry does not require provision of the vast array of other information collected via the web form. This calls into question if that additional information is reasonably required by Jireh and whether it should be collected at all.) Before making this complaint to you I took up my concerns with Jireh and refer you to the following correspondence items in this regard (also attached): Ref E F G Date 04/06/2011 07/06/2011 07/06/2011 Item Email complaint made to Jireh. Email response from Jireh. Further response to Jireh.

As can be seen from my final email to Jireh, I am not satisfied with its response in this matter. Jireh entices customers to disclose their personal information to it, but in my opinion, it is not providing adequate measures to prevent the loss of that information.

Further, I allege that Jireh is in breach of its own privacy policy which requires it to: use commercially reasonable efforts to store and maintain Personal Information to protect it from loss, misuse, alteration or destruction by any unauthorised party. In resolution of this matter I am seeking that Jireh provide a secure method of entering the competition via the internet.

Yours sincerely,

Attachment A

Note: Unique entry code has been redacted.

Attachment B

Gloria Jeans Coffees The Amazing Race Promotion Terms and Conditions
Introduction 1. Information on how to enter forms part of the terms of entry. Entry into the Promotion is deemed acceptance of these terms and conditions. 2. The Promoter Jireh International Pty Limited ACN 071 676 661 as trustee for Jireh International Unit Trust (Gloria Jeans Coffees), (ABN: 26 937 002 364) of 11 Hoyle Avenue, Castle Hill, NSW 2154. 3. Entry is open to all residents of Australia. However, employees and their immediate families of Gloria Jeans Coffees, Beinteractive Pty Ltd (Beinteractive) and their associated agencies and companies are not eligible to enter. 4. The Promotion commences on Sunday 15 May 2011 at 00:01 (AEST) and concludes on the Sunday 7 August 2011 at 23:59 (AEST). Definitions 5. Beinteractive Instant Win System means State Permit authority approved technical system for awarding instant win prizes on a random basis 6. Boarding Pass refers to the unique entry code gained in coffee house by Coffee House Eligible Customers. 7. Coffee House Eligible Customers refers to customers who purchase two or more beverages or promotionally marked items at any Gloria Jeans Coffees store in a single transaction in accordance with clause 17. 8. Classics Whole Beans refers to a 200gm of Special Espresso Blend, Black Gold, Colombian Supremo, French Breakfast Blend, Italian Espresso, Sumatra Dark, or Nicaraguan Rainforest Alliance Certified whole beans branded Gloria Jeans Coffees . 9. Classic Coffee refers to a Gloria Jeans Coffees Cappuccino, Caffe Latte, Flat White, Long White, Long Black or Short Black beverage. 10. Coffee House refers to the participating Gloria Jeans Coffees stores. 11. Coffee House Promotion means the promotion described in clauses 17 to 32. 12. Passport refers to the special entry mechanic in New Idea magazine. 13. Pit Stop Day refers to a nominated day when all purchases of two beverages will receive two (2) uniquely coded Boarding Passes at the point of purchase. 14. Prize Claim Number refers to 6 digit unique number issued via, SMS, email or online to instant prize winners. 15. Supermarket Eligible Customers refers to customers who purchases any 200gm specially marked packs of pre-ground branded Gloria Jeans Coffees from participating supermarkets and retains their proof of purchase (receipt). 16. Supermarket Promotion means the promotion described in clauses 33 to 39. COFFEE HOUSE PROMOTION 17. To enter, customers must: a. Purchase: i. two or more beverages in one transaction; or ii. a specially ticketed item at any coffee house to be eligible to participate in this promotion. Coffee House Eligible Customers will be given a uniquely coded Boarding Pass unique code card at pointof-purchase; or iii. Present an original New Idea promotional Passport at a Coffee House and purchase one regular size drink at any Coffee House to be eligible to participate in this promotion. Coffee House Eligible Customers will be given a uniquely coded Boarding Pass at point-ofpurchase; or iv. two or more beverages in one transaction on a Pit Stop Day at any participating coffee house. Coffee House Eligible Customers who purchase two or more beverages on a Pit Stop Day will be given two (2) uniquely coded Boarding Pass at point-of-purchase; and b. Enter by either SMS or online as follows;

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To enter by SMS, Coffee House Eligible Customers must send a text/SMS message to 19733888. Entries to the SMS number must include unique code, store name, full name, address and state of the entrant. SMS entrants will receive a reply message; or ii. To enter online, Coffee House Eligible Customers must log onto www.gloriajeanscoffees.com and register their details including (but not limited to) name, address, phone number, e-mail address, and unique code. Upon submitting a valid entry entrants will be given the opportunity to refer 3 x friends to the promotion (Refer a Friend link) by providing their friends' email addresses so that an email telling those friends of the Promotion can be generated and sent from the entrants email. Participants will receive 1 x bonus entry into the Coffee House prize draw. Such bonus entry will not entitle the entrant to winning an instant prize. The entrant agrees that the emails to the friends will be generated from the entrants email account and not by the Promoter. Participants must obtain prior consent before referring a friend. Instant Win: Each valid Coffee House Eligible Customers will be automatically entered in the draw to win one of 2500 x Instant winner prizes drawn at random. Coffee House Eligible Customers will be notified by SMS or online if they are an instant winner and details of what prize they have won. Instant winners will be issued a 6 digit unique Prize Claim Number as determined by the Beinteractive Instant Win System. The unique 6 digit Prize Claim Number will need to be recorded by the Coffee House Eligible Customer for prize verification purposes and unique code Boarding Pass must be provided as proof of entry. In the event of any dispute with the Promoter, or at the Promoters request, instant winners will be required to correctly quote their unique Prize Claim Number and unique Boarding Pass must be provided as proof of entry to claim the prize. The Promoter reserves the right to withhold the awarding of an instant prize to a Coffee House Eligible Customer who cannot provide a valid, unique Prize Claim Number and Boarding Pass. Any un-won or un-verified prizes will be awarded during the second chance draw at the end of the promotion. Entrants who are not instant winners will be notified that they have been automatically entered into the Second Chance Draw. All winning and non winning entrants will be eligible for entry into the Coffee House Promotion Prize and Major Prize Draw (see clause 22). Instant Win Prizes for the Coffee House Promotion include: 500 x 6 cup Plunger plus four 200g bags of pre-ground coffee branded Gloria Jeans Coffee (Espresso, Breakfast Blend, Caramel and Hazelnut). The prize will be mailed to winners nominated address within 28 days from the end of the promotion. Each prize is worth up to $51.91 (including GST). 500 x 200g bags of Classic Whole Beans (redeemable from a coffee house nominated by winner). Each prize is worth up to $10.50 (including GST) each. 1500 x Regular Size Classic Coffee (redeemable from a coffee house nominated by winner). Each prize is worth up to $4.18 (including GST) each. Total Prize value for the Coffee House Promotion Instant Win Prizes is up to $37,475 (including GST). SECOND CHANCE DRAW: In the event where there are any unverified or un-won prizes at the conclusion of the promotion, all entrants (excluding Instant Winning entries) will be entered into the Second Chance draw to distribute all unverified or any un-won prizes. The draw will take place at Beinteractive, Level 2, 116 Miller Street, North Sydney NSW 2060 on Thursday 11 August 2011 at 9:00 (AEST). The winners will be notified of their prize in writing. Winners of prizes valued over $250 will be published in the Public Notices section of The Australian newspaper on Thursday 18 August 2011. Coffee House Promotion Prize Draw. Each valid Coffee House Eligible Customer will be entered into the Coffee House Promotion prize draw. Each valid entry goes into the draw to win either:

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Coffee House Prize Draw: a) One of 482 store coffee package prizes (1 winner per the 482 stores at time of printing) comprising of: 1 x Sunbeam Caf Series Espresso Machine. Worth up to $799 (including GST) each; and 1 x Sunbeam Caf Series Burr Grinder. Worth up to $199 (including GST) each; and 1 x Years worth of coffee being 12 x 200g Classic Whole Bean coffee worth up to $126 (including GST). Redeemable from any coffee house nominated by winner. The winner will receive a letter with details on how to redeem the prize. Only one 200g bag of coffee can be redeemed per month for 12 consecutive months. Any 200g bag of coffee not redeemed in store within the specified month will automatically be forfeited. Coffee bags must be redeemed each month and cannot be accumulated beyond the one coffee bag per month (Coffee Store Package) Each Coffee Store Package is worth up to $1,124 each. The total Coffee House Package maximum prize pool is up to $541,768. Major Draw Prizes: b. One of 5 Major Prizes from each state breakdown (NSW/ACT, VIC, QLD, WA/NT, SA/TAS) will be draw at random. Each Major Prize package includes: A holiday package to Hawaii up to the value of $5,000 including: 2 adults return economy domestic airfares (all departure taxes included) from the winners nearest capital city to Sydney, Australia* (NSW residents will not have the domestic flight component included in their prize); 2 adults return economy international airfares (all departure taxes included) from Sydney, Australia to Kona, Hawaii (via Honolulu, Hawaii); 5 nights luxury twin-share accommodation at Sheraton Keauhou Bay Resort and Spa inclusive of room, tax, buffet breakfast for two daily and daily resort fee which provides guests with complimentary self parking, complimentary in-room and lobby Wi-Fi, complimentary use of Keauhou Resort Trolley, unlimited local and 1-800 calls, up to 30 minutes of long distance per day (inter-island, continental U.S.), free meals for children 12 and under when ordering from childrens menu in designated dining outlets with paying adults and two Manta Punch drinks per stay; Tour for 2 people of the Kona coffee plantation where Gloria Jeans Coffees sources their beans including transport between hotel and plantation; AUD$5,000 spending money; 1 Sunbeam Caf Series Espresso Machines worth up to $799 (including GST) each; 1 Sunbeam Caf Series Burr Grinder worth up to $199 (including GST) each; 1 years worth of coffee comprising of 12 packets of 200g Classic Whole Bean coffee worth up to $126 (including GST). Redeemable from any coffee house nominated by winner. The winner will receive a letter with details on how to redeem the prize. Only one 200g bag of coffee can be redeemed per month for 12 consecutive months. Any 200g bag of coffee not redeemed in store within the specified month will automatically be forfeited. Coffee bags must be redeemed each month and cannot be accumulated beyond the one coffee bag per month; Meet and greet with the Amazing Race contestants, subject to their availability. Time and place of meet and greet will be specified by the Promoter. (Major Prize) Each Major Prize Package is valued at up to $11,124 (including GST) each. Total prize pool value for the Major Prize pool valued at up to $55,620 (including GST). 23. Winners of the Major Prize will be presented with the Major Prize by the show

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contestants at the Coffee House in which they entered subject to the show contestants availability. The draw for the Coffee House package and the Major Prize package will take place at Beinteractive, Level 2, 116 Miller Street, North Sydney NSW 2060, on the Thursday 11 August 2011 at 9:00 (AEST). All winners will be notified within 2 business days of the draw. The winners will be notified of their prize in writing. Winners of prizes valued over $250 will be published in the Public Notices section of The Australian newspaper on Thursday 18 August 2011. In the event that the number of valid Coffee House Eligible Customers does not meet the number of prizes to be allocated, the remaining prizes will be drawn and allocated amongst all valid Coffee House Eligible Customers (excluding instant winners excluding residents of South Australia) at the time of draw until all prizes have been awarded. If any particular draw is scheduled on a public holiday, the draw will be conducted on the following business day. Coffee House Package winners must collect their prize from the Coffee House from which the winning entry was purchased. Coffee House Package winners will receive a letter with details on how to collect their prize. In the event that any Coffee House ceases to operate within the promotion period, the promoter will mail the prize to the nominated address within 28 business days. Major Prize winners are responsible for: a) for all other expenses including spending money above the $5,000AUD forming part of the Major Prize, meals (unless specified), drinks, transfers (unless specified), laundry charges, activities (unless specified), incidentals, taxes (excluding departure and any other flight associated taxes included within the prize), energy surcharges, gratuities, services charges, passports, visas, travel insurance and all other ancillary costs including for any companions; and b) travel insurance which is compulsory for the winner and their travelling companion to protect against the additional costs incurred in the event of unforeseen circumstances and at the expense of the winner. A copy of the insurance policy is required before tickets will be issued. Major Prize winners and their travelling companions must travel at the same time, must depart from the same capital city (for both domestic and international flights) and are responsible for transport from their residence to their nearest capital city for flight departure. If the winner resides in NSW then the domestic flight component of the prize will not be included and cash will not be awarded in lieu of that element of the prize. The following terms and conditions also apply to the Major Prize winners: a) If the Major Prize winner is under the age of 18 as at the date of the draw, an adult must accompany the minor in the participation of the prize; b) All travel must be booked within 90 days of prize draw date. c) The prize must be completed by Friday, 29 June 2012 and is subject to hotel and flight availability. Availability during peak times such as Christmas, public holidays, school holidays (if applicable) and special events periods cannot be guaranteed; d) Once booking is confirmed, any additional changes will incur a fee of $150 per person, including GST plus supplier charges. Payment to be made directly to third party prize management supplier as specified by the Promoter. No changes can be made within seven days of departure otherwise a 100% cancellation fees will apply; The travel prize is a single event holiday and cannot be separated into different holiday vacations; e) Major Prize winners will be required to sign a Prize Acceptance Form including liability waiver form to accept the prize. It is a condition of accepting the prize that the winner (and any travelling companions) must comply with all the conditions of use the prize and prize suppliers and/or the Promoters requirements; f) All plane tickets are available on the regular scheduled services of each airline and are subject to seasonal embargos. Flight itinerary may have to be

adjusted depending on the airlines departure city and their current flight schedule. Frequent Flyer points are not available from any airline; g) Domestic and International travel suppliers and/or airlines to be chosen at the Promoters or the third party prize management suppliers discretion; h) A credit card imprint or cash deposit may be required from the Major Prize winner at check-in to the hotel, for all incidental charges. Once accommodation vouchers are issued they are non-changeable and nontransferable and cannot be redeemed for cash; i) It is the Major Prize winners and their travelling companions personal responsibility to ensure that they have valid documentation, including but not limited to valid passports and visas, which meet the requirements of immigration and other government authorities at every destination. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be the sole responsibility of the travellers. 32. The total prize value of the Coffee House Promotion is up to $634,863 (including GST). SUPERMARKET PROMOTION 33. To enter, the customer must: a) Purchase any specially marked 200gm bag of pre-ground branded Gloria Jeans Coffees whole bean coffee at any participating supermarket store. Supermarket Eligible Customers will find their unique code on the back of the on-pack sticker which is located at the front of the specially marked 200gm bag of pre-ground branded Gloria Jeans Coffees whole bean coffee they have purchased: and b) Enter via text/SMS message to 19733888. Entries to the SMS number must include unique code, supermarket store name, as well as the name, address and state of the entrant. SMS entrants will receive a reply message telling them if they have won. 34. Instant Win: Each valid Supermarket Eligible Customers will be automatically entered in the draw to win one of 1005 Instant winner prizes. Supermarket Eligible Customers will be notified by SMS if they are an instant winner and details of the prize they have won. Instant winners will be issued a 6 digit unique Prize Claim Number as determined by the Beinteractive Instant Win System. The unique 6 digit Prize Claim Number will need to be recorded by the participant for prize verification purposes. The unique code sticker found on packs of specially marked Gloria Jeans Coffees in supermarkets must be provided as proof of entry. In the event of any dispute with the Promoter, or at the Promoters request, Instant Winners will be required to correctly quote their unique Prize Claim Number and unique code sticker must be provided as proof of entry to be awarded their prize. The Promoter reserves the right to withhold the awarding of an instant prize to a participant who cannot provide a valid, unique Prize Claim Number. Any unclaimed or un-verified prizes will be awarded during the second chance draw at the end of the promotion. Entrants who are not instant winners will be notified that they have been automatically entered into the Second Chance Draw. 35. Instant Win Prizes for the Supermarket Promotion include: a. 1 of 5 Coffee Packages is available to be won in including: 1 x Sunbeam Caf Series Espresso Machine worth up to $799 (including GST) each; and 1 x Sunbeam Caf Series Burr Grinder worth up to $199 (including GST) each; and 1 x Years Worth of Coffee (1 per month) 12 x 200gms Classic Whole Bean coffee worth up to $ 126 (including GST). (Redeemable from any coffee house nominated by winner) This prize mechanic will be delivered by mail to the winners nominated address within 28 business days from the end of the promotion. Only one 200g bag of coffee can be redeemed per month for 12 consecutive months. Any 200g bag of coffee not redeemed in store within the specified month will automatically be forfeited. Coffee bags must be redeemed each

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month and cannot be accumulated beyond the one coffee bag per month; (Coffee Package). Coffee Package is worth up to $1,124 each, total Coffee Package prize pool value is up to $5,620 (including GST). b. 500 6 cup Plunger and 4 x 200gm bags of pre-ground coffee branded Gloria Jeans Coffees selected by the promoter. The prize will be mailed to the winners nominated address within 28 days from the end of the competition. This prize is worth up to $51.91 (including GST) each. Plunger and coffee prize pool value worth up to $25,955 (including GST). c. 500 Regular size Classic Coffee to be redeemed from any Coffee House. (Redeemable from any coffee house nominated by winner) This prize is worth up to $4.18 (including GST) each. Classic Coffee prize pool value is worth up to $2,090 (including GST). The total prize value of the Supermarket Promotion is up to $33,665 (including GST). Supermarket Eligible Customers must keep their original unique code sticker found on participating packs of 200gm pre-ground coffee branded Gloria Jeans Coffees and proof of purchase (receipt). In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered. SECOND CHANCE DRAW: In the event where there are any unverified or un-won prizes at the conclusion of the competition, all entrants (excluding previous Instant Winning entries, with the exception of SA residents) will be entered into the Second Chance draw to distribute all unverified or any un-won prizes. The draw will take place at Beinteractive, Level 2, 116 Miller Street, North Sydney NSW 2060 on Thursday 11 August 2011 at 9:00(AEST). The winners will be notified of their prize in writing. Winners of prizes valued over $250 will be published in the Public Notices section of The Australian newspaper on Thursday 18 August 2011. The winners will be notified of their prize in writing. Winners of prizes valued over $250 will be published in the Public Notices section of The Australian newspaper on Thursday 18 August 2011.

GENERAL TERMS

40. These general terms apply to both the Coffee House Promotion and the Supermarket Promotion. 41. Total maximum prize value for the Coffee House Promotion and the Supermarket Promotion is up to $ 668,528 (including GST). 42. Coffee House Eligible Customers and Supermarket Eligible Customers in either promotion may enter as many times as they like providing that they meet all entry requirements per entry. However, only one prize per person is permitted (South Australian residents are entitled to win more than one prize). 43. The SMS entry mechanic is only open to Coffee House Eligible Customers and Supermarket Eligible Customers with an SMS compatible mobile phone connected to a service provider which permits text messaging to the promotional SMS number. It is recommended that entrants check with their individual service provider in this regard. 44. Maximum SMS entry cost is $0.55 (including GST). The cost of accessing the promotional website will be dependent on the entrants individual Internet Service Provider. 45. UNCLAIMED PRIZE DRAW: Subject to any direction given under relevant State legislation, any unclaimed prizes from the Coffee House Promotion and the Supermarket Promotion will be drawn at Beinteractive, Level 2, 116 Miller Street, North Sydney NSW 2060 on Tuesday, 15 November 2011 at 11:00 (AEST). The unclaimed prize winners will be notified of their prize in writing and winners of prizes valued over $250 will have their details published in the Public Notices section of the Australian on the Monday, 28 November 2011. 46. Only one unique code per entry is permitted. Unrecognised codes will not be accepted. Customers may enter as many times as they like but only one entry per product purchased/unique code is permitted. 47. Subject to any clause to the contrary, winners under the age of 18 must obtain the prior permission of a parent or guardian over the age of 18 to enter. 48. Inaudible, illegible, incomprehensible and incomplete entries will be deemed invalid. 49. Only one prize per person will be awarded (South Australian residents are entitled to

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win more than one prize). In the event that a winner wins more than one instant prize, the first instant prize won will be awarded and the remaining prizes will be forfeited and redrawn. The Promoter reserves the right to request winners to provide proof of identity, proof of residency at the nominated prize delivery address and/or proof of entry validity (including supermarket store receipt, original on-pack sticker, and/or Boarding Pass unique code card for proof of purchase) in order to claim a prize. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered. The Promoter reserves the right to verify the validity of entries and to disqualify any entry which, in the opinion of Promoter, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms and Conditions or who has, in the opinion of Promoter, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or Promoter. This includes, but not limited to, entrants and households using multiple email addresses, postal addresses, PO Box addresses or SIM cards to register single or multiple purchases. The Promoter reserves the right to disqualify a winner if Promoter becomes aware that the winner and/or the winners entry is of a type described in this clause. Entries must be received by 23:59 (AEST) on Sunday 7 August 2011. The time of entry will in each case be the time the SMS message/online is received by the Beinteractive database. The Promoter accepts no responsibility for any late, lost or misdirected entries including SMS messages not received by the Promoter or delays in the delivery of the SMS message due to technical disruptions, network congestion or for any other reason. SMS entries via the internet or computer generation and not attributable to a valid mobile phone account is invalid and will not be accepted. The winner is responsible for notifying the Promoter if their address changes from the original details provided upon entry. Winners of the Coffee Store Package and Coffee Package being the Sunbeam Caf Series Espresso Machine (EM6910) and Sunbeam Caf Series Burr Grinder (EM0480) will be provided with the standard Sunbeam warranty. Sunbeam Caf Series Espresso Machine (EM6910) comes with a 1 year repair warranty with a 5 year warranty on pump from date of letter to winner. The Sunbeam Caf Series Burr Grinder (EM0480) comes with a 1 year replacement warranty with a 5 year warranty on motor from date of letter to winner. No prize can be transferred or be redeemed for cash, except for the spending money element included in the Major Prize (see clause 22). If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to State Regulation. The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of the prize, if the Promoter determines, in their absolute discretion, that a winner is not in the mental or physical condition necessary to be able to safely participate in the prize. Once prizes have left the Promoters premises, the Promoter takes no responsibility whatsoever for prizes damaged, delayed or lost in transit. By accepting the prize, the winner agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the prize, including but not limited to, being interviewed and photographed, filmed and/or chaperoned throughout the duration of the prize. In consideration for the Promoter awarding the prize to the winner, the winner hereby permits the winners image and/or voice, as recorded, photographed or filmed during the winners participation in the prize to appear in connection with any advertising or marketing thereof, in any media whatsoever throughout the world and the winner will not be entitled to any fee for such use. In the event that for any reason whatsoever a winner does not take an element of the prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that element of the

prize. 62. Prize values are based upon the recommended retail prices at the time of printing (inclusive of GST). The Promoter accepts no responsibility for change in prize value between now and the ultimate prize redemption date. 63. Independent financial advice should be sought as tax implications may arise as a result of accepting any prize. 64. Instant win materials are void if stolen, forged, mutilated or tampered with in any way. 65. Programming and other quality control errors will not invalidate an otherwise valid prize claim. 66. Unless otherwise due to fraud or ineligibility under these conditions of entry, all existing claims for prizes and entitlements to claims will be met notwithstanding the advertised prize pool has been exceeded. 67. Printing errors or other quality control matters outside the control of the individual player shall not be used as the sole basis for refusing to award a prize. 68. Prizes will be awarded to person named in the entry. However, in a dispute, will be awarded to the account holder of the entry mechanism used to submit their entry (i.e. mobile phone account holder). 69. The Promoters decision is final and the Promoter will not enter into correspondence regarding the Promotion result. 70. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and the prize suppliers requirements. 71. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoters ability to proceed with the competition on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the promotion and recommence it from the start on the same conditions, subject to any written directions given under State Regulation. 72. The Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law. The Promoter is not responsible for any incorrect or inaccurate information, either caused by the phone user or for any of the equipment or programming associated with or utilised in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries. 73. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoters legal rights to recover damages or other compensation from such an offender are reserved. 74. The Promoter, Beinteractive and their associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available. 75. If for any reason either promotion is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the competition, subject to any written direction given under State Regulation. 76. All entries become the property of the Promoter. The Promoter collects personal information about you to enable you to participate in this promotion. You consent

without limitation to your personal information and the all information collected as part of your participation in the Promotion the purpose of conducting the Promotion and to receive material (by email or otherwise) which may include marketing, promotional and advertising material. By opting-in, entrants confirm that they allow their details to be used for this purpose. If entrants no longer consent to their details being used for future marketing purposes, the entrant should contact The Promoter on their details set out below. Any request to update, modify or delete the entrants details should be directed to The Promoter. 77. By entering the promotion, unless otherwise advised, each entrant also agrees that the Promoter may use this information, in any media for future promotional, marketing and publicity purposes without any further reference, payment or other compensation to the entrant, including sending the entrant electronic messages. 78. Beinteractive, on behalf of the Promoter is collecting the entrant's personal information for the purpose of conducting and promoting the promotions (including but not limited to determining and notifying winner). The entrant's personal information may be disclosed to Beinteractive for this purpose. If you are not willing for this to occur you cannot participate in the Promotion. 79. Entrants personal information may be disclosed to State and Territory lottery departments and winners names published as required under the relevant lottery legislation. A request to access, update or correct any information should be directed to the Promoter. Authorised under NSW permit no: LTPS/11/03252, VIC permit no: 11/696, ACT permit no: TP 11/01370.1, SA permit no: T11/692.

Attachment C
Gloria Jean's Coffees Privacy Policy
The Gloria Jeans Coffees is committed to being the most loved and respected coffee company in the world. Gloria Jeans Coffees International Pty Limited ACN 111 885 413 ("Gloria Jeans Coffees") is committed to achieving this goal in all aspects of its business. This Privacy Policy describes how we deal with the information Gloria Jeans Coffees collects through its outlets and through the services available on our web site (the "Site") in accordance with its Vision, Mission and Values. Gloria Jeans Coffees complies with the National Privacy Principles in the Privacy Act 1988 (Cth). By accessing and using our Site, you consent to the information collection and use practices described in this policy, as modified from time to time by us. If the Policy is changed, we will post a new Policy on our Site and change the date at the top of the Policy. This Privacy Policy does not apply to Gloria Jeans Coffees handling of information about employees. If you have any questions about our Privacy Policy or our use of your information you can e-mail us at enquiries@gloriajeanscoffees.com. Information About You We collect several types of information. We sometimes collect "Personal Information", which is information that can be used to identify you individually, such as your name and address. We also collect "Non-personal Information", which is information that does not itself identify you individually. Examples of Non-personal Information include age range and gender. We also collect "Aggregate Information", which is information about use of our site, such as pages visited on our Site. The information we collect depends on what services you use on our Site or in our outlets. Customer Service Correspondence We may collect information that identifies you personally when you submit comments, questions or suggestions to our Customer Service department. Gloria Jeans Coffees Use of Your Personal Information Gloria Jeans Coffees respects your privacy and seeks to protect your Personal Information and deal with any Personal Information received in accordance with the National Privacy Principles. Except as disclosed in this policy, we do not sell or disclose information that identifies our guests personally or makes it possible for other parties to contact them directly without our guests' consent. We may use, sell, disclose, or otherwise dispose of Personal Information we collect in the following circumstances: Internal Analysis and Promotions - We may use information about you for our own internal purposes such as to estimate our audience size; measure aggregate traffic patterns; and understand demographic, customer interest and other trends among our guests and customers. Marketing - We may contact you with special offers or promotional information. If you do not wish to receive any further communications from us, please let us know and we will take steps to ensure that you do not receive such further communications. Trade Secret - Information collected through our Site is considered a trade secret of Gloria Jeans Coffees. As the owner of such information, we may disclose or sell such information as an asset of the company in conjunction with the sale to a third party of our company or a portion of our assets. Any Personal Information that is disclosed to such a third party will remain subject to the protections in the National Privacy Principles. Application Forms - Any Application Forms sent to us by you shall be used for the express purpose described on the form. Gloria Jeans Coffees may also retain the Personal Information supplied by you for a reasonable period thereafter in order to notify you of any similar opportunities that may become available. Any Personal Information collected by Gloria Jeans Coffees will be stored in its internal databases.

Where required or authorised by law - In rare instances, Gloria Jeans Coffees may be required or authorised by law to provide Personal Information relating to guests to a third party such as a law enforcement agency. Service Providers - Gloria Jeans Coffees uses a range of service providers to help us to achieve the highest quality and efficiency in our business operations. This means that sometimes, other organisations may have access to Personal Information that we hold in order to provide specific services. Our service providers remain subject to the restrictions of the National Privacy Principles in handling this information. Gloria Jeans Coffees may share Personal Information with any of its group companies. Access to Your Personal Information In the event that Gloria Jeans Coffees holds any Personal Information about you, you can request to access this Personal Information by emailing us at enquiries@gloriajeanscoffees.com. Gloria Jeans Coffees may charge a reasonable fee for providing you with access to this information. Aggregate Information We collect Aggregate Information about you and your use of our Site whenever you visit us online. This Aggregate Information generally will not personally identify you or be correlated to you individually for external purposes. We may collect, compile, store, publish, promote, report, sell, or otherwise disclose or use any and all Aggregate Information, provided that, such information cannot be used to personally identify you. When we share such information with other companies, it is not traceable to any particular user, and cannot be used to contact you. Cookies We may make use of "cookies" on our Site. Cookies are small text files that are stored on a user's computer by a Web server based on the permissions set in a user's browser software. Cookies only identify the user's computer to the Web site which may correlate other information, including personally identifying information with the cookie. We may use cookies to allow us to automate access and data entry functions of our Site such as, tailoring the Site to your preferences or interests, or customise promotions or marketing. You may adjust your Web browsers to either alert you of the use of cookies or refuse to accept cookies entirely. Be aware that if you elect not to accept cookies, the Site may not function properly. Links to Other Sites Please be aware that we provide links to third-party Web sites as a service to our guests, and that we are not responsible for the content or information collection practices of those pages. Please note that these Web sites' Privacy Policies may differ from those of Gloria Jeans Coffees. We encourage you to review and understand their privacy practices before providing them with information. Security We use commercially reasonable efforts to store and maintain Personal Information to protect it from loss, misuse, alteration or destruction by any unauthorised party.

Attachment D

Attachment G
From: Sent: Tuesday, 7 June 2011 16:44 To: 'Guest Relations' Subject: "Stop the World and Win" promo - Entry page not secure Thank you for your prompt reply. I consider your response to be unsatisfactory and will now proceed as outlined in my initial email to you. It is most disappointing that Gloria Jeans has determined that the personal details such as name, address, telephone number of its customers is not important enough to be secured by HTTPS. Please be advised that I will also take measures via social media, contact with privacy interest groups and web security technical specialists to draw public attention to this matter.