Privacy Policy | The Trademark Factory

PRIVACY POLICY OF TTMF PTY LTD

Introduction

This Privacy Policy is based on the Australian Privacy Principles (“APPs”) for the use and handling of Personal Information according to the Australian Privacy Act 1988 (Cth) (as amended). In this Policy, “Personal Information” means information that can identify you including photos and videos of you if your identity is clear or could reasonably be worked out.

We will only use and/or disclose your Personal Information to third parties in circumstances that are:

set out in this Privacy Policy;
clearly explained at the time the information is collected from you; or
otherwise permitted under the APPs.

This Privacy Policy describes:

the type of information that TTMF may collect from you;
how it will be protected and how we may use that information;
whether we are likely to disclose such information to overseas recipients;
how you may access and correct that information if necessary; and
how you may complain to us about a breach of the APPs.

Collecting Personal Information

We may collect information about you from your use of our Website (“Site”), or where you otherwise provide us with information, such as when you purchase a service from us. We will not collect any Personal Information about an individual without their consent. The only Personal Information we may collect is what you choose to tell us about yourself or otherwise provide to us by use of any of our services. We may also collect general information about your demographics, income, spending habits and potential purchases.

When dealing with us, you will have the option of not identifying yourself or of using a pseudonym, unless it is impractical for us to deal with you in this way in relation to a matter.
We may also collect data from your use of the Site, such as the date and time you access the Site, the type of browser you use and the web site from which you connected to the Site.
Using our Site and Cookies

As with most websites, when you visit our Site, we may record anonymous information such as IP address, time, date, referring URL, pages accessed and documents downloaded type of browser and operating system. We also use “cookies”. A cookie is a small file that stays on your computer until, depending on whether it is a sessional or persistent cookie, you turn your computer off or it expires. Cookies may collect and store your personal information.

We may analyse and aggregate this data for certain trends and statistics, such as which parts of the Site users are visiting and how long they spend there. In appropriate cases, we may share such aggregated information with our Site developers to enhance the services we provide to our customers. You may adjust your internet browser to disable cookies. If cookies are disabled you may still use our Site, but the Site may be limited in the use of some of the features. Our Site may also contain links to or from other websites. We are not responsible for the privacy practices of other websites. This privacy policy applies only to the information we collect on our Site and through our Apps. We encourage you to read the privacy policies of other websites you link to from our Site.

Types of personal information we collect

The kinds of personal information we may collect from you will depend on what type of interaction you have with us. Examples of the information including Personal Information we may collect from you includes, among other things:

photos and digital images;
identity particulars - such as your name, address, date of birth, occupation, telephone numbers and e-mail address;
information contained in identification documents such as driver’s licence or passport;
financial information such as credit or debit card and bank details, shareholdings and details of investments;
personal information you provide to us when you participate in a promotion, competition, promotional activity, survey, market research, subscribe to our mailing list;
your records of communication with us;
if you visit our Site, your Site usage information such as your IP address;
location information.

The purpose for collecting your personal information

We will generally only collect and use your Personal Information for the primary purposes of:

our general business operations;
effectively providing you with our services including through our Site;
responding to your enquires or complaints;
meeting our legal and regulatory obligations;
conducting, improving and developing a relationship with you;
direct marketing (such as providing you with information about our products and promotional notices and offers); and
improving our Site.

Your personal information is only collected by lawful and fair means and where practicable, only from you or from a person acting or authorised to act on your behalf.

We will take reasonable steps to ensure that you are aware of:

the likely use of the information;
the right of access to the information;
the identity and contact details of our employee/representative collecting your personal information;
any law requiring collection of the information; and
the main consequences of failure to provide your personal information.

Collecting sensitive information

It may be necessary in some circumstances for us to collect some forms of sensitive information that is specifically relevant and necessary for the purposes of our business activities and functions including the operation of our Site. Sensitive information includes information or opinion about an individual’s racial or ethnic origin, political opinion, membership of a political association, religious beliefs, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation, criminal record, health information, genetic information or biometric information. We will only collect and use sensitive information with your consent and in accordance with this privacy policy and applicable laws.

How your Personal Information is stored and secured

We take reasonable steps to protect your Personal Information from loss, misuse or unauthorised access by restricting access to the information in electronic format and by appropriate physical and communications security. If a substantial data breach has or may have occurred (for example, your personal information was shared with unauthorised persons) we will notify you as soon as is practicable.

We only keep your Personal Information for as long as it is required for the purpose for which it was collected or as otherwise required by law. We will take appropriate measures to destroy or permanently de-identity your personal information if we no longer need to retain it. These measures may vary depending on the type of information concerned, the way it was collected and how it was stored.

Personal Information of Minors

We do not wish to obtain Personal Information from minors (being under the age of 18 years) who may access and use our Site without parental or guardian supervision. Therefore, we ask minors to obtain the consent of their parent or guardian before providing us with any Personal Information.

If we receive Personal Information that we did not request from you, and if we decide that such information is not reasonably necessary for or directly related to our business activities, we will destroy or de-identify that information as soon as practical and if it is lawful to do so.

As soon as practicable after we collect Personal Information from you, we will notify you of the following matters:

Our identity and contact details;
The purposes for which we collect that information;
That under our privacy policy you can access and seek to correct that information;
How you can make a complaint under our privacy policy and how we will respond; and
If we are likely to disclose Personal Information to overseas recipients and if so, the countries in which they are likely to be located.

Use and Disclosure of Personal Information

We may use your Personal Information for:

the primary purposes for which it was collected, such as those described above including use of the Site;
administering and responding to your enquiry or feedback about our products and/or services;
conducting, and allowing you to participate in, a promotion, competition, promotional activity, survey, market research or customer behavioural activity;
promoting and marketing our current and future products and services to you, informing you of upcoming events and special promotions and offers and analysing services so as to improve and develop new services (but giving you the opportunity to opt out of such direct marketing); and
improving the operation of our Site.

We may disclose Personal Information we collect from you:

to our related companies, suppliers, consultants, contractors, agents, external providers, referees for the primary proposes for which it was collected or for other purposes directly related to the purpose for which the personal information is collected;
to relevant Federal, State, Territory medical, health and safety authorities (as required);
where the law requires or authorises us to do so;
to others that you have been informed of at the time any personal information is collected from you; and
with your consent (express or implied), to others.

We may give your address details to third parties (such as couriers, Australia Post or promotions fulfillment houses), to allow them to deliver a a prize or reward pursuant to one of our promotions or competitions.

We may use this information for research or to improve Our services. We may also use this information for reasonable business purposes, for example to provide you with marketing and promotional material.

We will not use or disclose Personal Information for direct marketing purposes, unless:

You would reasonably expect us to use or disclose such information for that purpose; and
We provided a simple method by which you can request not to receive direct marketing communications from us and you have not made such a request.

If you give us information when you submit an enquiry or complaint, we will use that information first to respond to your enquiry or complaint and may also use it for our internal corporate purposes, such as monitoring and improving customer service aspects of our Site.

Except as stated above, we will not disclose your Personal Information to any third party, unless required to do so by law or with your prior consent.
Marketing and Opting-Out

We may use your personal information for:

promoting and marketing of our current and future services;
informing you of upcoming events and special promotions and offers; and
analysing our services so as to improve and develop new services.

We may exchange your personal information between our related entities and so they can also assist in the marketing of our services to you. We will only offer you services, where we reasonably believe that they could be of interest or benefit to you. At the point we collect information from you, you may be asked to “opt in” to consent to us using or disclosing your personal information. You will generally be given the opportunity to “opt out” from receiving marketing communications from us. You may “opt out” from receiving these communications by clicking on an unsubscribe link at the end of an email or by contacting us with this request.

Cross border disclosure

Your personal information may also be processed by, or disclosed to employees, representatives, or other third parties operating outside of Australia who work for, or are engaged by us in other countries, including but not limited to the People’s Republic of China, the US, EU and the UK. For example, we may use a server hosted overseas to store data, which may include your personal information. We will take reasonable steps, in the circumstances, before your personal information is disclosed to an overseas recipient, to ensure that the overseas recipient does not breach privacy laws in relation to your personal information (‘the reasonable steps’). The reasonable steps may not apply if you consent to the disclosure of your personal information to an overseas recipient and we reasonably believe that the overseas receipt is subject to laws that are suitability similar to privacy laws in Australia. If you consent to the disclosure of your personal information to an overseas recipient, the overseas recipient may not be accountable under the Privacy Act, and you will not be able to seek redress for breaches under the Privacy Act.

Specific rights of European residents

We are committed to ensuring its compliance with the European Union General Data Protection Regulation (‘GDPR’). Although our Privacy Policy explains how we meet all of our obligations for Australian individuals, we may also have some individuals who are habitually located in the European Union (‘EU Residents’) that have additional rights in respect of their Personal Data. Personal Data is defined as: “Any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier”. This should be considered fundamentally interchangeable with the Australian expression “Personal Information” for the purposes of this Privacy Policy. Under the GDPR, we are primarily a “controller” of Personal Data, as opposed to being a “processor”. As part of our GDPR compliance, we provide our services in a way that ensures:

Personal Data (i.e. Personal Information) is:
1. processed fairly, lawfully and in a transparent manner; and
2. collected and processed only for specified and lawful purposes.
Processed Personal Data (i.e. Personal Information that is used, held or disclosed by us) is:
1. adequate, relevant and not excessive; • accurate and, where necessary, kept up to date;
2. kept secure, and not longer than necessary;
3. not transferred to countries outside the European Union without adequate protection; and
4. treated in accordance with individuals’ legal rights.

Whilst we strive to provide all individuals with appropriate access and control over their data, individuals covered by the GDPR are also able to:

prescriptively restrict, limit or otherwise provide instructions to us regarding how we can use their Personal Data. This includes being able to object to how and why their Personal Data is used (e.g. by the removal of their consent for particular functions);
request the erasure (i.e. deletion) of their information; and
request us to provide all Personal Data held about them in a portable format, meaning in a way that is structured, commonly used and machine-readable.

Individuals who exercise this right to data portability are also able to direct us to transmit this data to other entities who they intend to allow to process their Personal Data. We will allow and assist individuals that are EU Residents to exercise these rights, unless we have compelling and legitimate legal grounds not to (e.g. a legal obligation under Australian legislation, or if the Personal Data has been fully anonymised).

Accurate and up-to-date information

We take reasonable steps to ensure your personal information is accurate, up-to-date and not misleading by updating its records whenever true and correct changes to the data come to its attention. If you believe your information is incorrect, incomplete or not current, you can request that we update this information by contacting our Privacy Officer. To contact our Privacy Officer please see contact details below.

We will correct information we hold about you if we discover, or you are able to show to a reasonable standard, the information is incorrect. If you seek correction and we disagree that the information is incorrect, we will provide you with its reasons for taking that view. We disregard information that seems likely to be inaccurate or out-of-date by reason of the time that has elapsed since it was collected or by reason of any other information in our possession.

Access to your personal information

We acknowledge that you have a general right of access to information concerning you, and to have inaccurate information corrected. You are able to access the personal information we hold about you by contacting our Privacy Officer. If access is refused to your personal information for reasons permitted by the Privacy Act, we will give you a notice explaining our decision to the extent practicable and your options. To contact our Privacy Officer please see contact details below. If you make an access request, we may ask you to verify your identity and put your request in writing for security reasons. We may charge a reasonable administration fee to cover the costs of meeting your request. We will reply to your request for access within 30 days of notification by you.

Dealing with unsolicited information

We take all reasonable steps to ensure that all unsolicited information is destroyed or de-identified immediately.

Anonymity when dealing with us

Only where it is practicable to do so, we may allow you the option not to identify yourself when dealing with us.

Compliance with Privacy Laws By You

When using any of Our services, We reminds you that you must obey all national and state laws that protect the confidentiality and privacy of other people and that a breach of those laws, by (for example) disclosing video or images of a person to a third party without consent, may be an offence that could attract heavy penalties.

Transfer of ownership

As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganisation, dissolution or similar event, your Personal Information may be part of the transferred assets. You acknowledge and agree that any successor to or acquirer of our business (or its assets) will continue to have the right to use your Personal Information in accordance with the terms of this Privacy Policy.

Complaints and disputes

If you have reason to believe that we have not complied with our obligations relating to your personal information under this Privacy Policy or under the Privacy Act, please refer any compliant to queries to our Privacy Officer (details below). We will ensure your compliant is handled by our Privacy Officer in an appropriate and reasonable manner. Were necessary we may consult with our related entities and partners in order to deal with your complaint. A written notice of our decision regarding your complaint will be provided to you. If you are not satisfied with the outcome, then you may contact the Office of the Australian Privacy Commissioner: Office of the Australian Information Commissioner Website: www.oaic.gov.au

Concerns About Our Privacy Policy

Please refer any queries or complaints about our Privacy Policy or privacy issues to the ‘Privacy Officer, Marketing Department, The TradeMark Factory, Suite 5, Level 1, 64 Talavera Road, Macquarie Park NSW 2113’ or email admin@ttmf.com.au.

Our Privacy Officer will consider your question or complaint and respond to you in a reasonable timeframe.

More on Privacy

You can obtain further information about privacy in Australia and the protection of your Personal Information on the Australian Federal Privacy Commissioner’s website at www.privacy.gov.au.

Last Updated October 2023