Privacy Policy
Shot.by.Jordy owned by Pointless Creative Agency PTY LTD
Privacy Policy
Shot.by.jordy (ABN 70 662 019 123) (“we”, “us”, “our”) is committed to protecting your
privacy when you interact with us, our content, products, or services. We shall comply with the Australian
Privacy Principals and are bound by the Privacy Act 1988 (Cth).
General
1) This policy explains our personal information handling practices. It describes how we may collect, use, and
disclose information about you or your use of our content, products, or services.
2) Personal information is any information about you where your identity is apparent, or can reasonably be
ascertained, and may include Sensitive Information (defined below).
3) Sensitive Information is information or an opinion about a person’s racial or ethnic origin, political
opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, sexual
preferences, health or medical information or criminal records.
4) This policy covers Personal Information collected directly from you when you contact us, access our
website at www.shotbyjordy.com (Website) or make an enquiry
5) We may make alterations or additions to this policy from time to time.
Other Policies and Terms and Conditions
6) Your use of the Website and our Services is also subject to our General Terms and Conditions.
Collection of Personal Information
7) We collect Personal Information about you at different times such as:
a) Information we require to provide the Services. When you first sign up or contact us for our Services,
or when you make an enquiry about our Services, we collect information such as:
i) your name;
ii) address;
iii) telephone number;
iv) domain name;
v) email address of your primary and secondary contacts; and
vi) financial information including credit card and debit card details.
8) Non-personally identifying information. The following information may also be logged for statistical
purposes and for the purposes of marketing and advertising to you:
a) server address;
b) top level domain name (.com, .gov etc);
c) date and time of visit;
d) page accessed;
e) documents downloaded;
f) referring site; and
g) type of browser.
9) We will not record any identifying details (such as name and IP) of the individual user, or their other
browsing activities unless directed to do so under a law enforcement agency.
10) Some of the personal information we collect about you may be Sensitive Information.
11) Depending on the circumstances of collection, it may be possible for you to provide information to us in a
pseudonymous way so that your identity is not revealed. For example, you may wish to sign up by using an
email address that does not include your name and by providing a nickname rather than your actual
name. In some circumstances however this may not be practicable.
12) We do not assume any responsibility for the privacy or security practices of any other web sites which you
may be able to access through our site, or for our customers’ level of compliance with our code.
Use of Personal Information
13) We 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:
a) sales and technical support;
b) billing and credit control;
c) product upgrades and information;
d) renewal notices;
e) maintenance notices;
f) system changes; and
g) other functions relevant to the Services we are providing to you.
14) We may also use your Personal Information for related purposes such as:
a) to measure your experiences of our products, our Services and/or our Website, improve or develop
our Services and/or our Website, and perform research/analysis.
b) to contact you in relation to upgrading your use of our Services, special offers (from us, or on behalf of
third parties), 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;
c) 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 our products and
Services;
d) to identify the source of new customers;
e) to monitor and address complaints, other feedback, and to resolve disputes;
f) in the case of credit cards, to bill you for Services;
g) in the case of an ABN, to verify your identity;
h) to maintain a technical and account history of your dealings with us, and to re-establish your account
with us where you re-join as a customer within a reasonable time after having terminated your
account;
i) for internal administration processes; and
j) to monitor your compliance with our General Terms and Conditions or any other agreement for
Services you have entered into with us.
Disclosure of Personal Information
15) We will not disclose any Personal Information without your express consent, other than in the following
circumstances:
a) if we are required to do so by law or in the good faith belief that such action is necessary to protect the
interests of our business – for example, disclosure to a Court in the event of legal action to which we
are a party;
i) to contractors providing licensed collections services, credit card payment processing and CRM
services, who comply with our privacy and security policies;
ii) if we sell our business or part of it; and
iii) in extreme circumstances, to protect the personal safety of users of our Services, Website, our
staff or the public.
16) We may supply your Personal Information to third parties to perform services on our behalf such as:
a) market research and the distribution of marketing information to you (except where you have chosen
to opt out of receiving this information from us);
b) assisting us with the purposes for which we have collected and use your Personal Information; and
c) the supply of the Services.
17) Our relationships with such third-party service providers are governed by our contracts with them which
require them to maintain confidentiality of Personal Information where such Personal Information is being
disclosed to them.
18) 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.
Security of Your Personal Information
19) We maintain our data in a controlled, secured environment on servers based in Australia and data may be
transmitted overseas for the purposes of storage on these servers.
20) We take reasonable steps to ensure your information is protected from misuse, interference and loss and
from unauthorised access, modification or disclosure. Notwithstanding this, we are not responsible for
any third-party access to Personal Information as a result of:
a) interception while it is in transit over the internet;
b) an unpatched vulnerability, a zero-day vulnerability, or an attack within 48 hours of a vendor releasing
a patch or update;
c) spyware or viruses on the device (such as a computer or phone) from which you access our Website or
otherwise contact us; or
d) as a result of your failure to adequately protect your username or password (if applicable).
21) We are also not responsible for any losses, expenses, damages and costs, including legal fees, resulting
from such third-party access.
22) If we have reasonable grounds to believe that your Personal Information that we hold may be subject to
unauthorised access or disclosure (eligible data breach), we will investigate and assess the suspected
eligible data breach to determine whether the eligible data breach is likely to result in serious harm to you
(Notifiable Data Breach). If a Notifiable Data Breach occurs, then we will notify you and the Australian
Information Commissioner as soon as practicable after we become aware of the Notifiable Data Breach in
accordance with our obligations under the Privacy Act. We will comply in every way with our obligations
under Part IIIC – “Notification of eligible data breaches” of the Privacy Act.
23) We will destroy your information in circumstances where it is no longer required, unless required by law
to retain the information.
24) You might provide Personal Information through your participation in chat sessions, email exchanges or
newsgroups accessed via our websites, or another service provided by us. This information is public and
immediately available to anyone who has access to such a site. Only disclose information that you are
comfortable to share publicly.
25) If you collect Personal Information which you keep on Services provided, you alone are responsible for
compliance with the Privacy Act in respect of that information. We take no responsibility for your dealings
with Personal Information you collect.
Accessing Your Personal Information
26) Under the Privacy Act, you have a right to access and seek correction of your Personal Information that is
collected and held by us.
27) If at any time you would like to access or correct the Personal Information that we hold about you, please
contact our privacy officer:
hello@shotbyjordy.com
28) To obtain access to your Personal Information:
a) you will have to provide proof of identity to ensure that Personal Information is provided only to the
correct individual and that the privacy of others is protected;
b) you will need to be reasonably specific about the information you require; and
c) we may charge you a reasonable administration fee, which reflects the cost to us for providing access
in accordance with your request.
29) If we refuse your request to access or correct your Personal Information, we will provide you with written
reasons for the refusal and details of complaint mechanisms.
Complaints
30) If you have a complaint about any aspect of our Privacy procedures, please contact our privacy officer. At
all times, privacy complaints will be treated seriously and dealt with in a prompt and confidential manner.
31) If we cannot resolve the complaint to your satisfaction within a reasonable time, you or we may refer the
complaint to the Australian Information Commissioner.