Privacy Policy

1. INTRODUCTION

1.1 We understand that the privacy of your personal details, and the security of your transactions with us, is 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 Principals 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 contacts21. We may also collect other identifying details such as your age and gender. In order to verify your identity, we will ask you to provide questions and answers to security questions.

2.2 Non-personally identifying information

TCW, TDW & TPW uses statistics gathering software on our  and third party web sites to collect information about the number of visitors coming to the sites. No identifying information is collected by this software, which records the IP address of the visitor only. We use this information to improve our own technical structure and performance, and to determine which areas of our web site are most popular.

This may include the server address, top level domain name (.com, .gov etc), 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. The only exception to this rule is if we are 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 enquires of our services, you will be requested to provide your consent to us to send promotional material to you. You may stop the delivery or “opt-out” of future promotional emails from TCW, TDW & TPW by following the specific instructions in the email you receive. These instructions will tell you how to remove your name from our promotional email list.

3.3 We may use your personal information to:

contact you in relation to upgrading your use of our services, special offers, with newsletters, surveys, and individual service audits, or in response to any expression of interest we may receive from you in relation to our products and services;

identify the source of new customers to TCW, TDW & TPW ;

monitor and address complaints, other feedback, and to resolve disputes;

maintain a technical and account history of your dealings with us, and to re-establish your account with us where you rejoin as a customer within a reasonable time after having terminated your account;

monitor your compliance with our Acceptable Use Policy and other terms and conditions of supply;

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, licence, share or pass onto any third party (other than those who are contracted or supply services to TCW, TDW & TPW including of spam filter operators) any personal information that you may have provided to us unless we have your express consent to do so, other than 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 the 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 do so in order 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;

if we sell our business or part of it; and

in extreme circumstances, to protect the personal safety of users of TCW, TDW & TPW’s services, its web site, 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 which operate Australia wide. Any information which you supply to TCW, TDW & TPW will be shared within the internal company group to facilitate our 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;
the supply of Website design, SEO, Pay Per Click and other services.

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

5. SECURITY

5.1 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, secured environment. Only staff who need to have access to your personal information in order to perform their job function are authorised to access the database. Constant changes to the Internet and technology mean that we cannot guarantee that data transmission will be 100% secure, or safe from attack by unauthorised intruders.

5.2 In order to protect the security of personal information transmitted to TCW, TDW & TPW online, our web servers support the use of the Secure Socket Layer (SSL) Protocol where appropriate. Using this protocol, information transferred between our systems is encrypted. 

5.3 Limits of our policy – Our websites may link to external sites that are not operated by us.  Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy policies.

6. OTHER DISCLOSURE BY YOU

6.1 You might provide personal information through your participation in chat sessions, email exchanges or newsgroups accessed via our web sites, or another service provided by us. This information is public and immediately available to anyone who has access to such a site; it is not private. We urge you to enter only information that you are comfortable to share with the public at large in this public domain.

6.2 If you collect personal information which you keep on services provided by TCW, TDW & TPW, you alone are responsible for compliance with the Privacy Act 1988 (Cth) in respect of that information. We take no responsibility for your dealings with personal information you collect.

7. HOW  TO  ACCESS & CORRECT YOUR INFORMATION

7.1 From time to time you may need to update your business information. We keep this information in a secure environment and we can change for you if you provide your new details  in writing.

7.2 If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details provided.  We will take reasonable steps to correct the information found to be inaccurate, incomplete, misleading or out of date.

8. CHILDREN’S  PRIVACY

8.1 TCW, TDW & TPW does not knowingly collect, use or market any information to children without seeking parental or a guardian’s consent. We also urge you to familiarise yourself with your legal responsibilities with regard to children and the Internet, which can be found in our Acceptable Use Policy.

9. COMPLAINTS

9.1 If you have a complaint about any aspect of our Privacy procedures, please contact our Privacy Officer on hello@thecreativeworks.com.au with full details of the alleged breach. We will deal promptly with your complaint, investigate and respond to you in writing.  If we cannot resolve the complaint to your satisfaction within a reasonable time, you or we may refer the complaint to the Privacy Commissioner.

10. CHANGES TO THIS POLICY

10.1 At our discretion, we may change our privacy policy to reflect current acceptable practices. We take                     reasonable steps to let users know about changes via our website.  Your continued use of our services and this website after any changes to this policy will be regarded as acceptance of our practices around privacy and information.

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

This policy is effective as of 30 May 2021