Last revised: May 25, 2018
1. Introduction-Our privacy obligations
Freebird Creative is governed by the Australian Privacy Principles under the Privacy Act 1988 (Cth). The Australian Privacy Principles regulate how Personal Information is handled by Freebird Creative.
- “APPs” means the Australian Privacy Principles.
- “FBC” means Freebird Creative, a trading business of Sounds In Sync Pty Ltd a company incorporated under the Corporations Act (Australia) (ACN 138 026 267) with a place of business c/o P.O. Box 1218, Baulkham Hills, Sydney, NSW 1755, Australia.
- “GDPR” means the General Data Protection Regulation (GDPR) (EU) 2016/679.
- “our” or “we” or “us” means FBC.
- “Personal information” means information or an opinion about an identified individual, or an individual who is reasonably identifiable.
- “Services” means the exchange or interaction between you and us concerning our business services, including in relation to the provision of FBC products or services, when you access and use our Website or any other incidental activity relating to our business.
- “you” means you being any of:
- A potential or actual customer of FBC products or otherwise the provision of services by us to you; or
- Personnel of any of proposed or actual FBC publisher entities that publish FBC products worldwide; or
- Personnel of any proposed or actual FBC partner entities who we partner with for commercial purposes; or
- A person who visits our Website including a person who subscribes to the FBC newsletter; or
- Any other person that we engage with in relation to a potential or actual business relationship or engagement including on behalf of a service provider.
- “Website” means www.krisfranken.com.
3. Collection Notice
For the purposes of the APPs, we expressly draw to your attention that when we engage with you in relation to or the provision of Services and we request you provide Personal Information (whether by email or a phone call or pursuant to our Website (including the completion of forms)), we will make available or provide a link to the Policy website address or provide you with a copy of this Policy.
The Policy will explain the manner of, and purpose for, the proposed FBC collection use and storage of your Personal information.
4. The types of personal information we may collect and hold
We may collect Personal Information about you, as part of your engagement with us in relation to the Services.
We may collect and hold the following Personal information, as applicable:
- Your name.
- Physical address.
- Phone number.
- Email address.
- Payment transaction amounts and the dates and time of the related transactions.
- Web browser used, the IP address of your device when connected to the internet and the record of the pages within our Website that you visit and the date and time of your visit.
For your attention– You can also read in Schedule 1 a specific summary of the Personal Information we may collect and hold
5. How we collect Personal Information
5.1 Information that you specifically give us
We may ask you to provide us with certain types of Personal Information if you wish to obtain a particular Service from us. This might happen over the telephone, through our Website including by filling in a form that concerns the potential or actual provision of our Services or where we meet face-to-face.
5.2 Information that we collect from third parties
5.2.1 As a consequence of our engagements with third party FBC reseller or FBC partner or other service providers in relation to the proposed or actual sale of FBC products, we may receive your Personal Information. In particular:
- Through the use of Mail Chimp (https://mailchimp.com/) services we send emails for newsletter updates. These emails are based on user email subscription via completion of our Website form. Once you subscribe, your contact details are stored in the Mail chimp application. FBC also extracts data from Mail Chimp concerning campaign mail out results, unsubscribers and bounced emails.
5.2.2 If you apply for employment or we request or you propose a contract for services with us, we will collect Personal information about you from your referees. We may also check some details about our service providers from publicly available sources, such as the Australian Business Register and ASIC databases.
5.3 Information that we generate ourselves
5.3.1 We maintain records of the interactions we have with FBC including the products and services we may propose or provide to you.
5.3.2 We collect limited information about users of our Website, for diagnostic and analytic purposes as set out in Section 4, for example, we gather IP addresses but we do not trace these back to individual users.
5.4 Information generated from social media networks
You might also provide your Personal Information to us, without us directly asking for it, for example, if you engage with us on the following social media: Facebook, Pinterest, Instagram and YouTube.
5.5 Information generated on our Website blog posts
Any information posted on our Website blog posts and/or communicated in accessible discussion areas will become public information. While we strive to protect and respect your privacy, we cannot guarantee the security of any information you disclose in the discussion area or bulletin board.
For your attention– You can also read in Schedule 1 a specific summary how and from where we collect and hold Personal Information.
6. Online Links to Third Party and Co-Branded websites
We may establish relationships with FBC partners that allow visitors to our Website to link directly to sites operated by such partners. Some of these sites may be “co-branded” with our trademarks including logos; however, these websites are not operated or maintained by or on our behalf. These sites may collect Personal Information from you that may be shared with us. This Policy will apply to any Personal Information we obtain in this manner.
7. How we use Personal Information
7.1 We may use your Personal Information for the following purposes:
- In the provision of the Website engagement.
- In the provision of the FBC products or services you have requested. Specifically to fulfil administrative functions associated with the provision of these products and services, for example, billing or entering into contracts with you.
- Generally in the maintenance and management of any customer relationship we have with you.
- To answer your enquiry about the Services, or to respond to a complaint.
- To manage our employment or business relationship with you.
- To promote our FBC products or services which may be of interest to you (unless you have opted out from such communications).
- If otherwise permitted or required by law
- For other purposes with your consent, unless you withdraw your consent.
- When we collect certain non-Personal Information to optimise our products and services including (as stated in Section 4) our Website pages for your computer (e.g., the identity of your Web browser, the type of operating system you use, your IP address and the identity of the host or host’s name), we may use such non-Personal Information for internal purposes, including, but not limited to, improving the content of our Website. This information may come from server logs.
For your attention– You can also read in Schedule 1 a specific summary of the purposes we use your Personal Information for.
7.2 GDPR lawful processing grounds
The ‘lawful processing’ grounds on which we will use Personal Information about you are in relation to potential or actual contractual engagements for the provision by FBC of FBC products or services including incidental activities to that relationship such as product or service updates or other information updates.
7.3 Data retention
We will keep Personal Information about you, to use for the above purposes, for a reasonable period of time necessary for the operation and management of our business but subject to our obligations under Sections 10 and 11.
8. When we disclose personal information
8.1 To our third party service providers
The Personal Information of you, and our employees or suppliers or other business contacts may be held on our behalf outside Australia, including ‘in the cloud’, by our third party service providers.
Our third party service providers are bound by contract to only use your Personal Information on our behalf, under our instructions and in accordance with their privacy policies.
Specifically our third party service providers as at May 25, 2018 are:
8.2 Other disclosures and transfers
We may also disclose your Personal Information to third parties for the following purposes:
- if necessary to provide the FBC product or services you have requested
- if otherwise permitted or required by law
- for other purposes with your consent.
For your attention– You can also read in Schedule 1 a specific summary of how we use or receive your Personal Information in relation to third party service providers
We use our reasonable commercial efforts to ensure the security, integrity and privacy of your Personal Information. We use a variety of physical and electronic security measures including restricting physical access to our office and IT firewalls and secure databases to keep Personal information secure from misuse, loss or unauthorised use or disclosure.
10. Accessing or correcting your personal information
You have the right to request access to the Personal Information FBC holds about you. Unless an exception applies, we must allow you to see the Personal Information we hold about you, within a reasonable time period, and without unreasonable expense.
You also have the right to request the correction of the Personal Information we hold about you. We will take reasonable steps to make appropriate corrections to Personal Information so that it is accurate, complete and up-to-date. Unless an exception applies, we must update, correct, amend or delete the Personal Information we hold about you within a reasonable time period. We do not charge for making corrections.
To seek access to, or correction of, your Personal Information, please contact our Data Privacy Officer as set out below.
11. Exercising your other rights
You have a number of other rights in relation to the Personal Information FBC holds about you. You have the right to:
- opt-out of direct marketing, and profiling for marketing
- opt-out of processing for research / statistical purposes, or processing on the grounds of ‘public interest’ or ‘legitimate interest’
- data portability, and
- temporary restriction of processing.
With FBC you have the right to subscribe to newsletters or other information updates. You have the right to unsubscribe at any time by clicking the unsubscribe link in the footer of any subscribed emails.
To seek to exercise any of those rights, please contact our Data Privacy Officer.
We will review this Policy regularly, and we may update it from time to time.
13. To contact our Data Privacy Officer
If you have an enquiry or a complaint about the way we handle your Personal Information, or to seek to exercise your privacy rights in relation to the Personal Information we hold about you, you may contact our Data Privacy Officer as follows:
Our Data Privacy Officer is:
Telephone: +61 438 062 677
Mail: P.O. Box 1218, Baulkham Hills, Sydney, NSW 1755, Australia
For the purposes of the GDPR, our Data Privacy Officer is also our Data Protection Officer (DPO).
While we endeavor to resolve complaints quickly and informally, if you wish to proceed to a formal privacy complaint, we request that you make your complaint in writing to our Data Privacy Officer, by mail or email as above. We will acknowledge your formal complaint within 10 working days.
If we do not resolve your privacy complaint to your satisfaction, you may lodge a complaint with the Office of the Australian Information Commissioner (OAIC) by calling them on 1300 363 992, making a complaint online at http://www.oaic.gov.au, or writing to them at OAIC, GPO Box 5218, Sydney NSW 2001.
If you are in the European Union, you can choose to instead lodge a complaint with your local Data Protection Authority (DPA). The list of DPAs are at http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm
Schedule 1- Personal Information use and storage summary
|Nature of Information||Information Held||Where it is held||Why collected, purpose|
|General emails received at krisfranken.com||Contents||FBC on premise devices||To communicate with FBC customers for business purposes|
|Ebook Purchase Details||Contact details and payment transaction details from Ebook store purchases (made via PayPal.com)||FBC on premises devices (less payment information). PayPal.com (full payment details). Website hosted by Siteground.com||To approve FBC product purchase and gain customer information|
|Website Contact Form||Name, email address, subject and message (no IP address)||FBC on premise devices. (sent via email from Website hosted by Siteground.com)||To communicate with FBC customers for business purposes|
|Website Subscribe Form||First name, email address, IP address||FBC on premise devices. Mailchimp.com. Website hosted by Siteground.com||To add a FBC customer or website visitor to an email list|
|Website blog comments||Visitor comments||Website hosted by Siteground.com||Enables public visitor to comment on blog posts|
|Embedded Facebook and Instagram Feeds||Website visit info||Facebook.com, Instagram.com||To display social feeds on website|