1. INTRODUCTION

1.1 We understand that the privacy of your personal details and the security of your transactions with us are of paramount importance to you. The Creative Works ABN 74 387 235 108, The Digital Works ABN 69 540 651 256, and The Production Works ABN 36 691 939 954 (hereafter referred to as TCW, TDW & TPW) Privacy Policy sets out the rules we will abide by when dealing with personal information we collect from individuals, websites, and businesses in the course of our business. This policy is consistent with the Australian Privacy Principles of the Privacy Act 1988 (Cth).

1.2 We may make alterations or additions to this policy from time to time. Should we do so, we will update the Privacy policy on our website. We require that all our clients agree to abide by our Privacy policy as part of our terms of trade. This policy also applies to users of our website who are not clients of TCW, TDW & TPW.

1.3 Please note that we cannot and do not assume any responsibility for the privacy or security practices of any other websites which you may be able to access through our site or for our clients’ level of compliance with our code.

2. WHAT INFORMATION DO WE COLLECT?

TCW, TDW & TPW collects different information about you at different times. These are the broad categories of information that we collect from you:

2.1 Information we require to provide our services. When you first sign up or contact TCW, TDW & TPW for our services, or when you make an inquiry about our services, we collect information such as your name, address, telephone number, domain name, email address of your primary and secondary contacts. In order to verify your identity, we may ask you to provide answers to security questions.

2.2 Non-personally identifying information TCW, TDW & TPW uses statistics gathering software on our website and third-party websites to collect information about the number of visitors coming to the sites. We use this information to improve our own technical structure and performance and to determine which areas of our website are most popular.

This may include the server address, date and time of visit, pages accessed, documents downloaded, referring site, and the type of browser.

We will not record any identifying details (such as name and IP) of the individual user or their other browsing activities, except when directed to do so under a law enforcement agency, which allows them to inspect our web server’s logs.

2.3 Other demographic information We may use your information to measure your experiences of our products/services/website, improve or develop our products/services/website, and perform research/analysis. Also, if you respond voluntarily to any of our surveys or other interactive communications, we will collect those responses and use the information to improve the quality and range of TCW, TDW & TPW products and services.

3. HOW DO WE USE INFORMATION WE HAVE COLLECTED?

3.1 We collect and use your personal information to best operate and improve the delivery of our services to you. We will use your personal information to provide you with sales and technical support, billing and credit control, product upgrades and information, renewal notices, maintenance notices, system changes, and other functions relevant to your services with us.

3.2 When you contract with TCW, TDW & TPW for our services or make inquiries about our services, you may be requested to provide consent for us to send promotional material to you. You have the option to stop receiving promotional emails from TCW, TDW & TPW by following the specific instructions in the email you receive. These instructions will guide you on how to remove your name from our promotional email list.

3.3 We may use your personal information to:

  • Contact you regarding upgrades to your services, special offers, newsletters, surveys, and individual service audits, or in response to any expression of interest you may have in our products and services.
  • Identify the source of new customers for TCW, TDW & TPW.
  • Monitor and address complaints, gather feedback, and resolve disputes.
  • Maintain a technical and account history of your interactions with us and reinstate your account within a reasonable time if you choose to rejoin as a customer.
  • Monitor your compliance with our Acceptable Use Policy and other terms and conditions of service.

3.4 We will treat all information we collect from you as strictly confidential. TCW, TDW & TPW does not rent or lease its customer lists to third parties. We will not reveal, disclose, sell, distribute, rent, license, share, or pass on any personal information that you may have provided to us unless we have your express consent to do so, except in the circumstances set out in the next paragraph.

3.5 We will disclose your personal information, without notice or your consent, only:

  • If we are required to do so by law or in good faith belief that such action is necessary to conform with the laws, applicable code of conduct, or legal process served on us in relation to our business.
  • To protect and defend the rights or property of TCW, TDW & TPW.
  • If we consider it necessary to enforce or apply the terms of any of our agreements with you.
  • To contractors providing licensed collections services, credit card payment processing and CRM services, who comply with our privacy and security policies.
  • In the event that we sell our business or part of it.
  • In extreme circumstances, to protect the personal safety of users of TCW, TDW & TPW’s services, its website, our staff, or the public.

4. DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES

4.1 TCW, TDW & TPW are a Melbourne-based group of companies operating Australia-wide. Any information you supply to TCW, TDW & TPW will be shared within the internal company group to facilitate the provision of products and services to you. Each member of the Melbourne group of companies is committed to protecting your personal information.

4.2 We may supply your personal information to third parties to perform services on our behalf, such as market research and the distribution of marketing information to you (except where you have chosen to opt-out of receiving this information from us), assisting us with the purposes for which we have collected and use your personal information, and the provision of website design, SEO, Pay Per Click, and other services.

4.3 Our relationships with third-party service providers are governed by our contracts with them. In some cases, these third-party service providers to whom we disclose your personal information may reside outside of Australia. Those service contracts contain privacy and confidentiality provisions consistent with the obligations of the Australian Privacy Law.

5. LINKS TO THIRD-PARTY WEBSITES

5.1 Our website may contain links to third-party websites. We are not responsible for the privacy practices or the content of those websites. We encourage you to review the privacy policies of those third-party websites before providing any personal information.

6. SECURITY

6.1 TCW, TDW & TPW have implemented security features in our database to protect your personal information from unauthorised access. We maintain our servers in a controlled and secure environment. Only staff who require access to your personal information in order to perform their job functions are authorised to access the database. However, it is important to note that constant changes in the Internet and technology mean that we cannot guarantee 100% secure data transmission or protection of information over the Internet.

6.2 We will take reasonable steps to protect the personal information we hold from misuse, loss, or unauthorised access, including by using appropriate physical, electronic, and managerial security measures. However, no data transmission over the Internet or information storage technology can be guaranteed to be 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security.

6.3 If we become aware of any security breach that may affect your personal information, we will notify you as required by law and take appropriate steps to mitigate the risk and minimise any potential harm.

7. YOUR RIGHTS AND CHOICES

7.1 You have the right to access and correct your personal information held by TCW, TDW & TPW. If you believe that any personal information we hold about you is inaccurate, incomplete, or outdated, please contact us using the contact details provided at the end of this Privacy Policy. We will promptly update or correct any inaccurate, incomplete, or outdated information.

7.2 You have the right to request the deletion or removal of your personal information from our systems, subject to any legal obligations or legitimate business interests that require us to retain such information.

7.3 You have the right to opt-out of receiving marketing communications from TCW, TDW & TPW. You can exercise this right by following the instructions provided in our marketing communications or by contacting us directly.

8. AGGREGATED AND NON-PERSONAL INFORMATION

8.1 We may collect, use, and share aggregated and non-personal information for any purpose, as it does not personally identify individuals. This information may include statistical data, demographic information, and other anonymised data.

9. CONTACT US

9.1 If you have any questions, concerns, or complaints regarding this Privacy Policy or our privacy practices, please contact us using the following contact information:

Email: hello@thecreativeworks.com.au

We will respond to your inquiry or complaint as soon as possible.

Trading Entity Name: The Trustee for The Creative Works Unit Trust
ABN: 74 387 235 108
Business Name: The Creative Works Australia Pty Ltd
Trading name: The Creative Works

Trading Entity Name: The Trustee for The Digital Works Australia Group Trust
ABN: 69 540 651 256
Business Name: The Digital Works Australia Group Pty Ltd
Trading name: The Digital Works

Trading Entity Name: The Trustee for The Production Works Australia Group Trust
ABN: 36 691 939 954
Business Name: The Production Works Australia Group Pty Ltd
Trading name: The Production Works

10. EFFECTIVE DATE

10.1 This Privacy Policy is effective as of the date indicated at the beginning of this document and supersedes any previous version of the policy.

Last Updated: 5 July 2023