Effective date: 30 November 2020
If you are an individual located in the European Economic Area (‘EEA’) or the United Kingdom, the GDPR might apply when we collect and process your Personal Information. The legal basis we rely upon for collecting and processing your Personal Information is that it is for the purposes of our legitimate interests (where we consider that our rights are not overridden by yours). In addition to the rights set out below, you may also have the right to object to or restrict processing of your Personal Information, a right to data portability and a right of erasure.
‘Approved Third Parties’ means Third Party Service Providers and any party to whom we are required or authorised to disclose your Personal Information by law.
‘Direct Marketing’ means the use or disclosure of Personal Information to communicate directly with an individual to promote goods or services.
‘GDPR’ means the EU General Data Protection Regulation 2016.
‘Identifying Information’ means information provided by you when you contact us or use our Services including your name, email address and phone number.
‘Materials’ means any content, materials, information or documentation that we provide to you in connection with the Services and other materials which may assist in your use of the Services.
‘Parties’ means both you and us collectively.
‘Personal Information’ means information or an opinion about an identified individual, or an individual who is reasonably identifiable:
(a) whether the information or opinion is true or not; and
(b) whether the information or opinion is recorded in a material form or not,
and includes Identifying Information.
‘Primary Purposes’ means (a) providing you with the Services; (b) providing you with information and responding to your enquiries; (c) sending electronic communications to you including Direct Marketing; and (e) any other purpose specified in the table at paragraph 3.
‘Services’ means copywriting, website design and development, content writing, bio’s, LinkedIn profile writing, design, creative writing, mentoring and consulting.
‘Third Party Service Providers’ means any party who provides us with services from time to time.
‘us’, ‘we’, ‘our’ refers to Naomi Wengier t/a NW Creative ABN 40 675 068 202.
‘Website’ means the website hosted at www.nwcreative.com.au
‘you’ or ‘your’ refers to the user of the Services.
3. WHAT PERSONAL INFORMATION DO WE COLLECT, HOW DO WE COLLECT IT AND WHY?
We collect, hold, use and disclose Personal Information for the Primary Purposes.
We will only collect Personal Information which is reasonably necessary for, or directly related to, the Primary Purposes, another legitimate purpose specified in the table below or to which you have consented.
If a Third Party Service Provider is used to collect or facilitate a payment, we will not receive or have control over any Personal Information that you provide to the Third Party Service Provider.
If we receive Personal Information other than directly from the person whom it is about or from a third party that has the consent of that person to deal with that Personal Information (including credit reporting bodies), then we will destroy that Personal Information as soon as practicable if lawful and reasonable to do so.
|What Personal Information do we collect?||How do we collect it?||Why do we collect it, hold, use or disclose it?|
|Your name, email address, phone number.||We may ask you to provide this information when you contact us with a query or when you instruct us to provide you with Services.||We collect this information so that:
|Communications||If you contact us by email or in another way.||So that we can have a record of communications between you and us, allowing us to resolve queries efficiently and provide you with a high level of service.|
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4. DEALING WITH PERSONAL INFORMATION
We may deal with Personal Information for the Primary Purposes and any other purpose to which you have consented.
We may share your Personal Information with a third party if we are required to do so under any applicable law.
We may disclose your Personal Information to Third Party Service Providers and Third Party Service Providers may store your data on servers located outside Australia.
5. DISCLOSURE OF PERSONAL INFORMATION
Whenever we provide your Personal Information to a third party, we will request that the third party handles your Personal Information in compliance with: (i) the APPs if the third party is Australian; or (ii) applicable foreign laws comparable to and no less protective than the APPs if the third party is overseas.
6. ELECTRONIC COMMUNICATIONS
By providing us with your Personal Information, you consent to receiving electronic communications including Direct Marketing from us.
7. STORAGE OF PERSONAL INFORMATION
In the case of an enquiry, we will keep your Personal Information until we no longer need it for any Primary Purpose. If you are subscribed to our mailing list we will keep your Personal Information as long as you remain subscribed to our mailing list. If you engage us to provide Services, we will keep your Personal Information for 7 years from the date of the final invoice that we issue to you.
We reserve the right to retain your Personal Information for a longer period of time if we have a valid reason for doing so such as if there is an ongoing dispute between you and us.
8. INTEGRITY AND SECURITY OF PERSONAL INFORMATION
We will make all reasonable efforts to ensure that the Personal Information that we collect and deal with is accurate, up-to-date and complete.
We take reasonable steps to protect the Personal Information that we hold from theft, misuse, interference, loss, and unauthorised access, modification or disclosure. However, we cannot guarantee the security of Personal Information. The steps that we take to protect your Personal Information include limiting disclosure on a need to know basis.
If any Personal Information is stolen, misused, interfered with, lost, or has been accessed, modified or disclosed without authorisation, we will comply with our legal obligations to report and manage the breach. This includes taking all reasonable steps to complete an assessment of the suspected breach within 30 days of becoming aware of the suspected breach, taking appropriate remedial action and where appropriate, notifying the affected individuals and the Privacy Commissioner.
9. ACCESSING YOUR PERSONAL INFORMATION
You may request access to your Personal Information by contacting us at the email address provided in the Contact section at paragraph 13 below.
If any of the Personal Information we hold for you is inaccurate, out of date, incomplete, irrelevant, misleading or otherwise incorrect, you may ask us to correct the Personal Information and we will do so as soon as reasonably practicable and within 30 days.
We will notify Approved Third Parties of any corrections to the Personal Information we hold where it is reasonable to do so.
If you have a complaint about how we handle privacy, please contact us. We take all complaints seriously and will investigate and respond as soon as reasonably practicable, usually within 30 days.
For further information on the Australian Privacy Principles and Australian privacy law, see www.oaic.gov.au. To contact the Office of the Australian Information Commissioner, including to make a complaint about privacy, contact 1300 363 992 or firstname.lastname@example.org.
We ask that you endeavour to resolve any privacy complaint with us directly before contacting the Office of the Australian Information Commissioner.
Applicable law: Your use of the Website and our provision of the Services is subject to the laws of Queensland and each party submits to the exclusive jurisdiction of the courts of Queensland.
13. CONTACT US
You can contact us at:
ABN: 40 675 068 202
Ph: 0431 138 067