Privacy Policy

 

Effective from May, 2021
This Privacy Policy sets out how we collect, use, store, disclose, retain and protect your personal information.
In this Privacy Policy, “us”, “we”, “our”, or “MJF” means Robyn Darling Images Pty Ltd (ABN 90 649 550 532) and each of its related entities from time to time.
We are committed to respecting your privacy. In handling your personal information, we are regulated by and are committed to complying with the Privacy Act 1988 (Cth), including the Australian Privacy Principles (Privacy Law).
By providing personal information to us, you consent to our collection, use and disclosure of your personal information in accordance with this Privacy Policy and any other arrangements that apply between us, for as long as we consider necessary to fulfill the purpose for which such personal information was collected, or as required by relevant laws. In this context, “collect” or “collection” means gather, acquire or obtain by any means, information in circumstances where the individual is identifiable or identified.
Personal information includes information or an opinion about an individual that is reasonably identifiable. For example, this may include your name, age, gender, postcode and contact details. It may also include financial information, including your credit card information.
Occasionally, we may ask you for personal information about other people. If you choose to disclose this information to us, you should only do so if you have their consent to do so. You should take reasonable steps to inform them of the details in this privacy policy.
Where lawful and practical, you have the right to remain anonymous or to make use of a pseudonym, however, if you choose to remain anonymous or to use a pseudonym, we will not be able to provide all of our services as we may need to use your personal information to provide specific services to you.

Collection of Personal Information
We may collect the following types of personal information:
• name;
• mailing and or street address;
• email address;
• telephone number and other contact details;
• age or date of birth;
• gender;
• driver’s licence details and other forms of personal identification; and
• any other personal information that may be required in order to facilitate your dealings with us.

We may collect this information from you:
• when you access and/or use our services and website, including by joining our mailing list;
• when you communicate with us either in person or through correspondence, telephone, social media, chats or email, or when you share information with us from other applications, services or websites;
• via your purchase of any items from us;
• in writing, including through completing applications or surveys; or
• when the law requires.

We will generally collect personal information directly from you. We may use third party contractors, such as call centres and mail houses, to collect personal information from you. We use reasonable commercial endeavours to engage with providers whose privacy policies are similar to us in material respects, and we retain copies of such policies on file for this purpose. We may also collect personal information from third parties (such as list brokers, and government agencies and law enforcement agencies where this is authorised or required by law) and publicly available sources of information. We may use personal information supplied by you or a third party to source additional personal information from publicly available sources of information.
Please do not submit your personal information to us if you do not wish for us to collect it.

Sensitive information
Some personal information is sensitive and requires a higher level of protection under the Privacy Law. We will only collect such sensitive information when we have your express consent for us to do so and the collection is reasonably necessary for us to provide our services, or where the information is required or authorised by law or necessary for the establishment, exercise or defence of a legal claim.

Why do we collect, use and disclose personal information?
We may collect, hold, process, use and disclose your personal information for the following purposes: ;
• confirming your identity when you make enquiries, answering your queries and addressing any feedback you may have;
• engaging service providers and government agencies relating to the delivery of services;
• to report to our funding bodies according to our contractual obligations;
• maintain appropriate relationships with customers;
• managing and processing orders and providing receipts;
• sending you information about your purchase and about our activities;
• providing notification of upcoming events or services;
• responding to feedback or complaints;
• conducting surveys and research;
• training our personnel;
• complying with licensing, legislative and regulatory requirements;
• improving our service delivery (including in order to resolve a complaint);
• managing our relationship with you; and
• to subscribe you to our e-communications.

We will also collect personal information for a directly related secondary purpose. For other uses, we will obtain consent from the affected person.
Personal information and other data collected by us may be shared with related parties.
We may also disclose your personal information to a trusted third party who also holds other information about you. This third party may combine that information in order to enable it and us to develop anonymised insights so that we can enhance our services.
If we receive unsolicited personal information about or relating to you and we determine that such information could have been collected in the same manner if we had solicited the information, then we will treat it in the same way as solicited personal information and in accordance with the Privacy Law. Otherwise if we determine that such information could not have been collected in the same manner as solicited personal information, and that information is not contained in a Commonwealth record, we will, if it is lawful and reasonable to do so, destroy the information or de-identify the information.

Do we use your personal information for direct marketing?
We and or our related entities may send you direct marketing communications and information about our services. This may take the form of emails, SMS, mail or other forms of communication, in accordance with the Spam Act 2003 (Cth) and the Privacy Law. You will be given the option to sign up for our email newsletter. You may opt-out of receiving marketing materials from us by contacting us using the details set out below or by using the opt-out facilities provided (for example, an unsubscribe link).

Sharing your personal information
We may disclose personal information for the purposes described in this privacy policy to:
• our employees, related entities (other than for sensitive information), agents and contractors;
• our business associates, third party suppliers, service providers and others for purposes directly related to the purpose for which the personal information is collected;
• professional advisers and agents;
• payment systems operators (for example, merchants receiving card payments);
• our existing or potential agents, business partners or partners;
• organisations to whom we outsource functions (including information technology providers, print service providers and mail houses);
• with your consent (express or implied), to specific third parties to receive information held by us; and or
• other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law.

We may share information about you with suppliers that we engage to help us provide certain services and or functionality – for example online payment processing. We will use commercially reasonable endeavours to take steps to control and be responsible for the use of your information by such suppliers. While we cannot guarantee the security of this information, we will use all reasonable endeavours to ensure the third party protects the personal information from unauthorised use or disclosure (Data Breach). If we become aware of a Data Breach from the third party, we will notify you of the Data Breach and will endeavour to work with you to limit the potential impact.
We reserve the right to disclose your personal information without your consent if the disclosure is:
• to comply with applicable laws and government or regulatory bodies’ lawful requests for information;
• required in order to investigate an unlawful activity;
• required by an enforcement body for investigate activities; or
• necessary to prevent a serious and imminent threat to a person’s life, health or safety, or to public health or safety.
Subject to obtaining your consent, we may also supply personal information about you to third parties other than as set out above.

Disclosure of personal information outside Australia
We may disclose personal information outside of Australia to related entities, employees, agents, contractors and or merchants, third party suppliers, service providers and information technology and cloud services providers located in countries other than Australia including in the following countries:
The Unites States of America
The United Kingdom
When you provide your personal information to us, you consent to the disclosure of your information outside of Australia and acknowledge that we are not required to ensure that overseas recipients handle that personal information in compliance with the Privacy Law. Further, the overseas recipient of personal information may be subject to a foreign law that could compel the disclosure of personal information to a third party, such as an overseas authority. In such case, we will not be responsible for that disclosure. We will, however, take reasonable steps to ensure that any overseas recipient will deal with such personal information in a way that is consistent with the Australian Privacy Principles.

Using our services and cookies
We may collect personal information about you when you use and access our products and services (including our website).
In addition to personal information, we may collect information about you automatically when you use our services, or visit our website. While we may not use browsing information in respect of our website to identify you personally, we may record certain information about your use of our website, such as which pages you visit, the time and date of your visit and the internet protocol address assigned to your computer.
We may also use ‘cookies’ or other similar tracking technologies on our website that help us track your website usage and remember your preferences. Cookies are small files that store information on your computer, TV, mobile phone or other device. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions. You can disable cookies through your internet browser but our website may not work as intended for you if you do so. If you choose not to receive our cookies, we cannot guarantee that your experience with the website will be as quick or responsive as if you do receive cookies.
The information collected by cookies and web beacons is not personally identifiable, it includes general information about your computer settings, your connection to the internet, for example, the operating system and platform, IP address, your browsing patterns and timings of browsing on the website and geographical location.
We may also use cookies to enable us to collect data that may include personal information. We will handle any personal information collected by cookies in the same way that we handle all other personal information as described in this Privacy Policy.

Keeping your personal information secure
We may hold your personal information in either electronic or hard copy form. We take the security of your personal information very seriously and will use reasonable commercial endeavours to take reasonable and appropriate steps to have appropriate physical, technical and administrative procedures in place to help protect your personal information from unauthorized access, use or disclosure as required by law in Australia. However, we cannot guarantee the security of your personal information.
We only retain your personal information for as long as is necessary for the purposes for which it was collected and we are required to keep it to comply with any laws. We will take such steps as are reasonable in the circumstances to destroy or de-identify personal information which we no longer need. These measures may vary depending on the personal information held.
In the unlikely event that there is an unauthorised use or disclosure of your personal information, we will notify you of the Data Breach and will undertake an investigation into how the Data Breach occurred and its likely severity. As part of this, we will endeavour to work with you and the Office of the Australian Information Commissioner to limit the impact, and any reoccurrence, of the breach.

Links
Our website may contain links to websites, apps or other services operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we are not responsible for the privacy practices of, or any content on, those linked websites, apps or other services and have no control over or rights in those linked websites, apps or other services. The privacy policies that apply to those other websites, apps or other services may differ substantially from our Privacy Policy, so we encourage individuals to read them before using those websites, apps or other services.

Accessing or correcting your personal information
You can access the personal information we hold about you by contacting us using the information below. Sometimes, we may not be able to provide you with access to all of your personal information and, where this is the case, we will tell you why. Such circumstances include the following:
• access would create a serious threat to safety;
• providing access will have an unreasonable impact upon the privacy of other individuals;
• denying access is required or authorised by law;
• the request is frivolous or vexatious;
• legal proceedings are underway or anticipated, and the information would not be accessible through the process of discovery in the proceedings;
• negotiations may be prejudiced by such access;
• providing access is likely to prejudice law enforcement; or
• access would reveal a commercially sensitive decision making process.
We may also need to verify your identity when you request your personal information.
If you think that any personal information we hold about you is inaccurate, please contact us and we will take reasonable steps to ensure that it is corrected.
Making a complaint
If you think we have breached the Privacy Law, or you wish to make a complaint about the way we have handled your personal information, you can contact us using the details set out below. Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.
If you believe we have not adequately dealt with your complaint, you may complain to the Office of the Australian Information Commissioner about the way we handle your personal information. The Commissioner can be contacted at:
GPO Box 5218 Sydney NSW 2001
Phone: 1300 363 992
Email: enquiries@oaic.gov.au
Changes to this Privacy Policy
We may change our Privacy Policy from time to time by publishing changes to it on our website with an updated effective date. We encourage you to check our website periodically to ensure that you are aware of our current Privacy Policy. If we make significant changes to our Privacy Policy, we may also notify you by other means such as sending an email or posting a notice on our home page.
Contact Us
For further information about our Privacy Policy or practices, or to access or correct your personal information, or make a complaint, please contact us using the details set out below
The Privacy Officer
PO Box 607, Albany Creek Queensland 4035
admin@robyndarlingimages.com.au