Privacy Policy
Privacy Policy
This Privacy Policy is the privacy policy of AV Graphic Design Pty Ltd ABN 92 648 913 071 (“AV Graphic Design”, “we”, “us” or “our”).
In this Privacy Policy, “you” and “your” refer to any individual whose personal information we collect or hold, including clients, prospective clients, representatives of our clients and suppliers, website users, and other individuals who interact with us.
This Privacy Policy explains how we collect, hold, use and disclose personal information, how you may access and seek correction of your personal information, and how you may make a privacy complaint.
Our commitment to privacy
We recognise the importance of protecting the privacy of personal information and are committed to handling personal information in accordance with the Privacy Act 1988 (Cth) ("Privacy Act"), including the Australian Privacy Principles (“APPs”).
This Privacy Policy applies to personal information we collect in connection with our graphic design and related services, our business operations, and your use of our website.
We may update this Privacy Policy from time to time by publishing the updated version on our website. Where we make material changes to this Privacy Policy, we will take reasonable steps to bring those changes to your attention, which may include notifying you by email where we hold your contact details. We encourage you to review this Privacy Policy periodically.
What personal information we collect
We may collect personal information during the course of providing our services, dealing with our clients and suppliers, recruiting personnel, or through your use of our website. Personal information means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether recorded in a material form or not.
Depending on your dealings with us, the personal information we collect may include:
contact details, such as your name, postal address, email address and telephone number;
employment, position title and professional details, including the organisation or institution you represent;
business information, including ABN, ACN and invoicing details where relevant;
payment and transaction information, including bank account details or limited credit card details where required for payment processing;
project-related information you provide to us, including design briefs, feedback, contact details for stakeholders, and information contained in materials supplied for design, production or publication purposes; and
website usage and technical information, including IP address, browser type, pages viewed and cookie-related data.
We do not generally collect sensitive information about you unless it is reasonably necessary for our functions or activities and either you consent or we are otherwise permitted or required by law to do so.
We do not knowingly collect personal information from individuals under the age of 18. Our website is not directed at children. If we become aware that we have inadvertently collected personal information from a child under 18, we will take steps to delete that information as soon as practicable.
We take reasonable steps to ensure that the personal information we collect, use and disclose is accurate, up to date, complete and relevant. Please let us know if your details change or if you believe any personal information we hold about you is inaccurate or out of date.
In accordance with APP 9, we will not adopt, use or disclose a government-related identifier of an individual (such as a Tax File Number or Medicare number) as our own identifier of that individual, except as required or permitted by law.
How we collect personal information
We generally collect personal information directly from you, including when you:
communicate with us in person, by telephone, email, post or through online meeting platforms;
submit an enquiry, request a quote, complete a contact form, subscribe to updates, or otherwise interact with us through our website;
provide information to us in connection with a project, tender, referral, supplier arrangement or other business relationship.
In accordance with APP 2, you have the option of dealing with us anonymously or using a pseudonym where it is lawful and practicable for us to allow this. However, if you choose to do so, we may be unable to provide you with some or all of our goods or services, or respond fully to your enquiry.
We may also collect personal information from third parties, such as your employer or organisation, other project participants, publicly available sources, professional networking platforms, and our service providers, where it is unreasonable or impracticable to collect the information directly from you.
If we receive personal information about you that we did not solicit, we will assess whether we could have collected that information under APP 3. If we determine that we could not, and it is lawful and reasonable to do so, we will destroy or de-identify that information as soon as practicable.
When you visit our website, we or our service providers may collect certain information automatically for security, analytics, website administration and improvement purposes, including:
the date and time of your visit;
your IP address;
the pages you access and documents you download; and
the type of browser and device you are using.
Cookies and tracking technologies
Our website uses cookies and similar tracking technologies. A cookie is a small text file placed on your device when you visit a website. Cookies serve a range of purposes, including enabling core website functionality, remembering your preferences, analysing how visitors use our website, and in some cases delivering relevant advertising. Most web browsers allow you to manage your cookie preferences, but disabling certain cookies may affect the functionality of parts of our website.
We use the following categories of cookies on our website:
strictly necessary cookies, which are essential for the operation of our website and cannot be disabled - these are typically set in response to actions you take, such as setting your privacy preferences or submitting a form;
performance and analytics cookies, which collect information about how visitors interact with our website, such as pages visited and time spent, to help us improve its operation - we use Google Analytics for this purpose;
·functional cookies, which allow our website to remember choices you have made and provide enhanced or personalised features; and
marketing and targeting cookies, which may be set by us or our advertising partners to build a profile of your interests and present relevant content or advertising on other websites after you have visited our site.
Cookies may be session cookies, which expire when you close your browser, or persistent cookies, which remain on your device for a defined period or until you delete them. Cookies set directly by our website are first-party cookies. Cookies set by third-party services we incorporate into our website -such as analytics providers, advertising networks and social media platforms - are third-party cookies and are subject to those third parties' own privacy policies.
Our website may use advertising and remarketing cookies, including those provided by Google Ads and similar platforms, which enable us to display relevant advertising to you on other websites following a visit to our website. These cookies track browsing activity but do not directly store personally identifiable information in isolation. You may opt out of interest-based advertising by visiting the Your Online Choices opt-out page at youronlinechoices.com.au, or by adjusting your Google account advertising settings at myaccount.google.com.
Our website does not currently respond to Do Not Track (DNT) signals transmitted by web browsers. If a universally accepted standard for responding to DNT signals is adopted, we will review our approach and update this Privacy Policy accordingly.
Where information collected through cookies is capable of identifying you as an individual - for example, where it is linked to other information we hold about you - that information constitutes personal information and is handled in accordance with this Privacy Policy and the APPs. For a detailed list of the specific cookies used on our website, their purpose and their retention period, please refer to our Cookie Notice, which is available on our website.
Our website may display a cookie preference notice that gives you the opportunity to consent to or manage the use of non-essential cookies. Cookies that are strictly necessary for the operation of our website cannot be disabled through this mechanism. You can update your cookie preferences at any time by adjusting your browser settings or using the cookie preference tool on our website.
Third-party websites, analytics and social media
Our website may use third-party analytics tools, including Google Analytics, which collect information about your use of our website using cookies and similar technologies. This information is used to compile reports and to help us improve the website. You can opt out of Google Analytics by installing the Google Analytics opt-out browser add-on available at tools.google.com/dlpage/gaoptout. Our website may also include social media features or links to third-party social media platforms. Those platforms operate independently and are governed by their own privacy policies. We are not responsible for the privacy practices of third-party websites. If you follow a link from our website to any third-party website, that website is not governed by this Privacy Policy and we encourage you to review its privacy policy before providing any personal information.
Why we collect, hold, use and disclose personal information
We may collect, hold, use and disclose personal information for purposes including:
responding to your enquiries, quote requests or other communications;
providing our graphic design and related services, including project management, production coordination and client support;
managing our business operations, including invoicing, payment processing, record keeping and internal administration;
sending you direct marketing communications where you have requested them, subscribed to them, or where otherwise permitted by law;
complying with legal and regulatory obligations; and
protecting our lawful interests, maintaining the security of our systems, and improving our services and website.
Where we use personal information to send direct marketing communications, we will comply with the Spam Act 2003 (Cth), including by ensuring all commercial electronic messages clearly identify us as the sender, include our contact details, and contain a functional unsubscribe facility. You may opt out at any time by using the unsubscribe facility in the communication or by contacting us using the details below. We will process all unsubscribe requests promptly and within any timeframe required by law.
Where we collect or use your personal information on the basis of your consent, you may withdraw that consent at any time by contacting our Privacy Officer using the contact details below. Withdrawal of consent will not affect the lawfulness of any collection or use carried out prior to the withdrawal. Please note that withdrawing consent may limit our ability to provide you with our goods or services.
Disclosure of Personal Information
We may disclose your personal information to third parties where necessary or appropriate, including:
· third party service providers and subcontractors engaged to assist us in delivering our goods and services, including overseas contractors, production houses, fulfilment partners, digital platform providers, and specialist contractors, on a confidential basis and subject to appropriate privacy obligations;
professional advisers, including lawyers and accountants, on a confidential basis;
our IT and cloud service providers;
payment processors and financial institutions; and
other parties with your consent or as required or permitted by law.
Where we disclose personal information to third party service providers, we take reasonable steps to ensure those parties handle your personal information in a manner consistent with the Australian Privacy Principles. This includes, where appropriate, entering into written agreements that impose privacy and confidentiality obligations on those providers consistent with our obligations under the Privacy Act.
Subject to any confidentiality obligations in our engagement agreement with you, we may disclose the fact that we act for you or have provided goods or services to you, including for the purposes of portfolio display, case studies, referrals, industry recognition, or business development. Where our engagement agreement restricts such disclosure, we will comply with those terms. We may also disclose your personal information with your consent or if disclosure is required or authorised by law.
Overseas Disclosure
In the course of providing our goods and services, we may disclose your personal information to recipients located outside Australia. This is most likely to occur where we engage overseas subcontractors, production partners, freelancers, or cloud-based service providers to assist in delivering parts of our goods and services, as may be contemplated by our engagement terms. Recipients may be located in countries including but not limited to the United States, the United Kingdom, India, the Philippines, and other countries where our service providers operate.
Before disclosing personal information to an overseas recipient, we will take such steps as are reasonable in the circumstances to ensure the recipient does not breach the Australian Privacy Principles in relation to that information. However, where you consent to such disclosure (including by entering into an engagement agreement that contemplates overseas subcontracting), Australian Privacy Principle 8.1 may not apply and we may not be accountable under the Privacy Act for how the overseas recipient handles your information. By engaging our services, you acknowledge that overseas disclosure of this nature may occur.
Security of Your Personal Information
We will always do our best to ensure that the personal information we hold is protected from misuse, interference and loss and from unauthorised access, modification or disclosure. We do this by password protecting our information and using two-factor authentication where possible, having virus protection software and not clicking on suspicious-looking emails.
We generally hold personal information in electronic form, although in some circumstances we may also hold information in paper records.
When personal information is no longer required for a permitted purpose, we will take reasonable steps to destroy it or de-identify it, unless we are required or permitted by law to retain it.
Retention of personal information
We will retain personal information for as long as necessary to fulfil the purposes for which it was collected, including to satisfy any legal, accounting, regulatory or reporting requirements. Generally, this includes retaining client-related records for a minimum of seven years following the conclusion of an engagement, in accordance with applicable legal and tax obligations. We will periodically review the personal information we hold and take steps to destroy or de-identify information that is no longer required.
Data breaches
We have procedures for identifying, assessing and responding to suspected data breaches. If we suspect that a data breach has occurred, we will investigate and take steps in accordance with our legal obligations.
What is an eligible data breach?
Under the Privacy Act, an eligible data breach may occur where:
(a) both of the following conditions are satisfied:
there is unauthorised access to, or unauthorised disclosure of, the information;
a reasonable person would conclude that the access or disclosure would be likely to result in serious harm to any of the individuals to whom the information relates; or
(b) the information is lost in circumstances where:
unauthorised access to, or unauthorised disclosure of, the information is likely to occur; and
assuming that unauthorised access to, or unauthorised disclosure of, the information were to occur, a reasonable person would conclude that the access or disclosure would be likely to result in serious harm to any of the individuals to whom the information relates.
If we suspect a data breach
If we suspect that there may have been an eligible data breach, we will carry out a reasonable and expeditious assessment within the time required by law.
If we determine that there are reasonable grounds to believe an eligible data breach has occurred, we will prepare a statement that includes:
our identity and contact details;
a description of the breach;
the kinds of information concerned; and
recommendations about the steps individuals should take in response to the breach.
Where required by law, we will provide the statement to the Office of the Australian Information Commissioner and notify affected individuals, or publish the statement and take reasonable steps to publicise it if direct notification is not practicable.
Exceptions to notification
Notification may not be required where remedial action is taken such that a reasonable person would conclude that the access or disclosure is not likely to result in serious harm to any affected individual.
Individuals in the European Union (GDPR)
If you are located in the European Union or European Economic Area, the General Data Protection Regulation ("GDPR") may apply to our processing of your personal information. Where the GDPR applies:
we will only process your personal information where we have a lawful basis to do so, including where processing is necessary for the performance of a contract with you, to comply with a legal obligation, to pursue our legitimate interests (where not overridden by your interests or fundamental rights), or with your consent;
in addition to the rights described in this Privacy Policy, you have the right to request erasure of your personal information, restriction of processing, data portability, and to object to processing based on legitimate interests or for direct marketing purposes;
where we rely on consent as our lawful basis, you may withdraw that consent at any time without affecting the lawfulness of processing carried out prior to withdrawal; and
you have the right to lodge a complaint with your local data protection supervisory authority.
To exercise any of these rights, please contact our Privacy Officer using the contact details above. Note: this section applies only to the extent that the GDPR applies to our activities in respect of you.
Accessing and correcting your personal information
You may request access to the personal information we hold about you and request correction of that information if you believe it is inaccurate, out of date, incomplete, irrelevant or misleading.
If you would like to access or correct your personal information, please contact our Privacy Officer at info@avgd.au.
To request access to your personal information, you may need to:
provide proof of identity so that we can ensure personal information is disclosed only to the correct person and the privacy of others is protected;
be reasonably specific about the information you are requesting; and
pay a reasonable administrative charge, where permitted by law, to cover the cost of providing access in the manner requested.
If we refuse a request for access to or correction of personal information, we will provide written reasons for the refusal and information about available complaint mechanisms, unless it would be unreasonable to do so.
Our Privacy Officer
We have appointed a Privacy Officer who is responsible for overseeing compliance with this Privacy Policy and the Privacy Act. If you have any queries, requests or complaints relating to your personal information or this Privacy Policy, please contact our Privacy Officer: AV Graphic Design Pty Ltd | Email: info@avgd.au | 475A St Kilda Street, Elwood 3184, Victoria, Australia.
We aim to acknowledge all enquiries promptly and to respond within 30 days.
Complaints
If you have a complaint about how we have handled your personal information, please contact our Privacy Officer using the contact details below. We will consider your complaint and respond within a reasonable period.
If you are not satisfied with our response, you may lodge a complaint with the Office of the Australian Information Commissioner.