Privacy Policy

SUMMARY OVERVIEW AND CONSENT

1. We are Boo Group, consisting of BOO Studio Pty Ltd ACN 668 546 692 and its affiliated corporate entities (Provider, we, us and our).  We are committed to respecting your privacy. This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Services and the choices you have associated with that data.
2. This policy applies to the data handling regarding all members of our group; while the entities within our group may change, the central data handling entities are listed in our “Third-Parties and Internal Organisations” section of this policy and will be updated accordingly.  If you wish to have any further clarifications on the handling of data for your particular circumstance, you’re able to make an enquiry with us using the contact details provided at the end of this policy.
3. We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. 

DEFINITIONS (GENERAL)

Website

1. The Website Is the website located at the following domains www.boopromo.com.au & www.boo-promotional-products.com.au operated by us.

Services

1. The Services are the Website and any provision of our products via other means, including physical means.

Personal Data

1. Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

Usage Data

1. Usage Data is data collected automatically and either generated through use of the Services or from the infrastructure underpinning the Services.

Cookies

1. Cookies are small files stored on your device (computer or mobile device). When you visit our website, we may collect information from you automatically through cookies or similar technology. For more information, visit: <https://www.allaboutcookies.org/>
2. For more information about our cookies, please see our Cookie Policy (see heading below “CHANGES TO THIS DOCUMENT AND OUR OTHER DOCUMENTS” for link to policy).

Controller

1. Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
2. For the purpose of this Privacy Policy, we are a Controller of your Personal Data.

Processors (or Service Providers)

1. Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Controller.
2. We may use the services of various Service Providers in order to process your data more effectively.

Data Subject (or User)

1. Data Subject is any living individual who is using our Service and is the subject of Personal Data.

Information Collection and Use

1. We collect several different types of information for various purposes in order to provide and improve our Services. 

Do Not Track (DNT)

1. The “Do Not Track” (“DNT”) is a preference you can set in your web browser to inform some websites (which support this technology) that you do not want to be tracked.
2. Our Services support DNT web-browser settings.  This means that if you do not want to be tracked, you manage this via your web-browser settings and/or contact us with a privacy enquiry (see our contact details below)

DEFINITIONS (BODIES AND LAWS)

Australian Privacy Principles (APP)

1. Reference to APP in this policy means the Australian Privacy Principles contained in Schedule 1 of the Privacy Act 1988 (Cth). These APPs govern the content of privacy policies and rights under Australian law. We take pride in our adherence to these Principles.
2. A summary of the APPs are available at: https://www.oaic.gov.au/privacy/australian-privacy-principles/australian-privacy-principles-quick-reference

The Office of the Australian Information Commissioner (OAIC)

1. The OAIC is the principal body which administers Australia’s privacy laws and the Australian Privacy Principles.
2. The OAIC website is: https://www.oaic.gov.au/

Information Privacy Principles (IPP)

1. Reference to APP in this policy means the New Zealand Information Privacy Principles contained in the Privacy Act 2020 (New Zealand). These IPPs govern the content of privacy policies and rights under New Zealand law. We take pride in our adherence to these Principles.
2. A summary of the APPs are available at: https://www.privacy.org.nz/privacy-act-2020/privacy-principles/

The European Economic Area (EEA)

1. EEA refers to the contracting parties of the European Economic Area as established by the Agreement on the European Economic Area (Document 21994A0103(01)).  This area covers the European Union (“EU”) and some other zones deemed part of the EU’s economic area.

ABOUT THIS POLICY

Which parts of this policy apply to you?

1. However, your actual rights and the available complaints / remedies you may make use of, will change depending on what privacy laws apply to you.  This Privacy Policy aims to comply with the privacy laws of these specific territories and has separate headings on each:
   1. Australia: 
      1. Laws: The Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth), and requirements under the Spam Act 2003 (Cth) (altogether the “AU Privacy Law”)
      2. Does this apply: These laws apply to you if you are a person (instead of a company).  To clarify, Australian privacy laws apply based on who the data collector is (who are certain Australian businesses like us), instead of applying based on what the nationality the data subject is.
   2. Europe: 
      1. Laws: The General Data Protection Regulation (EU 2016/679) (GDPR or “EU Privacy Law”)
      2. Does this apply: These laws apply if you are a resident of the European Economic Area (EEA), which covers all countries in the European Union (EU) and Iceland, Liechtenstein and Norway.  Please note Switzerland and the United Kingdom are not part of the EU or EEA. 
   3. United Kingdom: 
      1. Laws: The UK General Data Protection Regulation (“UK GDPR”) and Privacy and Electronic Communications Regulations 2003 (“PECR”) (altogether the “UK Privacy Law”)
      2. Does this apply: These laws apply if you are located in or a citizen of the UK.
   4. United States of America:
      1. Laws: While each state may pass their own privacy laws, we address the requirements for the state of California, which are considered to impose a high standard for privacy protection rights; we do this by complying with the following laws (which we refer to together as the US Privacy Law)- the California Consumer Privacy Act (CCPA) and the Children’s Online Privacy Protection Act (COPPA) (altogether the “US Privacy Law”)
      2. Does this apply: These laws apply if you are a resident of the state of California (CA), USA, and if the information is collected all or partly while you are in CA. For clarity, you are still covered if you are a CA resident and temporarily outside of CA.
   5. New Zealand:
      1. Laws: Privacy Act 2020 No. 31 and the Information Privacy Principles (the “NZ Privacy Law”)
      2. Does this apply: These laws apply if you are located in or a resident of NZ.
   6. Canada:
      1. Laws: Personal Information Protection and Electronic Documents Act S.C. 2000, c. 5 (“PIPEDA” or the “CA Privacy Law”)
      2. Does this apply: If you are located in Canada.
2. Regardless which privacy laws may apply to you, you may still contact us to resolve any concerns using the contact details and complaints handling process contained in this policy as-
   1. Your territory may in fact have privacy laws which we can or must comply with; and 
   2. Even if your territory does not have privacy laws we are required to abide by, we may voluntarily choose (at our sole discretion) to respond to your request, as part of our goals to satisfy customers and be a socially responsible company that respects and protects privacy.
3. In this policy Protected Data refers to either:
   1. Personal Information, Sensitive Information and Credit Information, under the AU Privacy Law;
   2. Personal Data, under the EU Privacy Law;
   3. Personal Data, under the UK Privacy Law;
   4. Personal Information, under the US Privacy Law, noting that-
      1. Personal information is information that identifies, relates to, or could reasonably be linked with you or your household. For example, it could include your name, social security number, email address, records of products purchased, internet browsing history, geolocation data, fingerprints, and inferences from other personal information that could create a profile about your preferences and characteristics. https://oag.ca.gov/privacy/ccpa 
   5. Personal Information, under the NZ Privacy Law;
   6. Personal Information, under the CA Privacy Law.

Is this policy a contract?

1. This Privacy Policy is not a contract itself.  It is a compliance document, that is, it is a notice required by law for us to explain certain things to the public. However, there may be other contracts which can include all or part of this policy as relevant to those contracts. 
2. Importantly, our website terms require you to have read and understood this policy and provide the following required consents (see at the end of this policy for a link to these terms along with links to other policies).

TYPES OF DATA COLLECTED

1. We use your data to provide and improve the Services. By using the Services, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions (see at the end of this document for links to other documents).

Personal Data

1. While using our Services, in particular when creating and registering your account, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”).  Personally identifiable information may include, but is not limited to: 

 

Types of Data	Purpose	Who/When
Names (first and last)	For identifying and contacting you	On sign-up and redemption
Physical / postal address	For identifying and contacting you	On redemption
Email address	For identifying and contacting you	On sign-up and redemption
Phone number	For identifying and contacting you	On redemption
Internet Protocol (IP) addresses	For analytics and aiding with legal compliance (as legal requirements vary per jurisdictions)	On visit/access to the Website
Country	For aiding functionality, analytics and legal compliance	On sign-up
Work Retailer and Store	For functionality in providing tailored service and analytics	On sign-up
Learning Management System (LMS) data	For functionality in providing tailored service and analytics -and- LMS reporting for stakeholders	When using our product / system

 

1. We may use your Personal Data to contact you with notifications, marketing or promotional materials and other information that may be of interest to you.  You may opt out of receiving any, or all, of these communications from us by turning off notifications within the App or following the unsubscribe link and the instructions provided in any correspondence we send. 

Usage Data and Feedback (Personal / Deidentified)

1. We may also collect the following information on how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your device’s:
   1. Internet Protocol address (e.g., IP address), or geo-location information;
   2. browser type and browser version;
   3. the screens and interfaces within our Service that you visit;
   4. the time and date of your visit;
   5. the time spent on those interfaces;
   6. unique device identifiers (like any device ID);
   7. device type;
   8. computer and connection information; and
   9. other diagnostic data.  
2. We also can collect information provided by you in any feedback or correspondence from time to time with:
   1. customer surveys;
   2. details of the Services we have provided to you or that you have enquired about, including any additional information necessary to deliver the Services and respond to your queries; and
   3. any other information necessarily required in order to facilitate and improve your dealings with us and the Services.

Location Data

1. Our website may incidentally collect or handle some location information such as I.P. addresses, but we do not separately collect or store any live location information.  Any physical address information is collected (as noted above) for contact purposes.

Identification, Tracking & Cookies Data

1. We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.
2. Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service.
3. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
4. Examples of cookies we use are:
   1. Session Cookies. We use Session Cookies to operate our Service.
   2. Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
   3. Security Cookies. We use Security Cookies for security purposes.
5. More information on cookies and which ones we use is set out in our cookie policy (see heading below “CHANGES TO THIS DOCUMENT AND OUR OTHER DOCUMENTS” for link to policy).
6. To provide clarification on possible identifiers for you-
   1. You may be able to browse our Website anonymously if you disable any cookies and tracking;
   2. You may be able to browse our Website pseudonymously, only being identified by the Cookies and tracking IDs from other analytics providers (see section on Third Parties for this).
7. In compliance with the IPPs we note that we do not attempt to use any identifiers used by other agencies for you, apart from those used for statistical or research purposes (such as via analytics providers)

 

Children’s Privacy

1. Our Service does not address anyone under the age of 18 (“Child/Children“).
2. We do not knowingly collect personally identifiable information from Children. 
3. If we become aware that we have collected Personal Data from Children without verification of parental consent, we take steps to remove that information from our servers.
4. If you are a parent or guardian and you are aware that a/your Child has provided us with Personal Data, please contact us.

HOW DATA IS COLLECTED

General

1. We may collect data either directly from you, or from third parties, when you:
   1. register for the Services;
   2. interact with the Services;
   3. communicate with us through correspondence, chats, email or otherwise share information with us;
   4. engage in other related social applications, services or websites;
   5. interact with our Services, content, advertisements and/or marketing material;
   6. invest in our business or enquire about our business.
2. Otherwise, we try to collect any data directly from you with your informed consent (via this policy and its related documents) and by lawful means.

USE OF DATA

General

1. We use the collected data for various purposes:
   1. To enable you to access and use our Services (on the grounds of fulfilment of our contract with you);
   2. To operate, maintain, protect, improve and optimise our Services (on the grounds of fulfilment of our contract with you);
   3. To notify you about changes to our Services (on the grounds of our legitimate interests in ensuring you are aware of any relevant changes);
   4. To allow you to participate in interactive features of our Services when you choose to do so (on the grounds of your consent);
   5. To provide or administer rewards, surveys, contests or other promotional activities or events;
   6. To provide customer support (on the grounds of our legitimate interests in ensuring you receive the help you need when accessing our Services);
   7. To gather analysis or valuable information so that we can improve our Services;
   8. To monitor the usage of our Services;
   9. To gather analysis or valuable information so that we can improve our Services (on the grounds of your consent);
   10. To monitor the usage of our Services (on the grounds of your consent);
   11. To detect, prevent and address technical issues (on the grounds of our legitimate interests in maintaining the functionality of the Services);
   12. To provide you with notifications, and information about other Services we offer unless you have opted not to receive such information (on the grounds of your consent).  This correspondence may occur by email, text message or another electronic format;
   13. To comply with our legal obligations, resolve any issues our users may encounter, and enforce our agreements with third parties; and,
   14. To consider your employment application.
2. We will only collect and use data necessary for the primary purpose it is collected for, or other excepted purposes outlined in this policy.
3. We will only use or disclose data where we believe in the data is accurate, up to date, complete, relevant and not misleading.

Legal Basis for Processing Personal Data Under the GDPR

1. If you are from the European Economic Area (EEA), the legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it. We have specified the relevant ground for processing in the sections set out above describing the ways in which we use your data. We rely on one of the following grounds:
   1. We need to perform a contract with you
   2. You have given us permission to do so
   3. The processing is in our legitimate interests and it is not overridden by your rights
   4. To comply with the law

HANDLING AND DISCLOSURE OF DATA

Disclosure of Data (who)

1. We may disclose personal information for the purposes described in this privacy policy to:
   1. Our employees and related bodies corporate;
   2. Third party suppliers and service providers (including providers for the operation of the Services and/or our business;
   3. Professional advisors, dealers and/or agents;
   4. Payment systems operators (for example, merchants receiving card payments);
   5. Our existing or potential agents, business partners or partners;
   6. Our sponsors or promotors of any competition that we conduct via our services’
   7. Anyone to whom our assets or businesses (or any part of them) are transferred; specific third parties authorised by you to receive information held by us; 
   8. Other persons, including government agencies, regulatory bodies and law enforcement agencies; and/or
   9. As otherwise required or permitted by law.
2. In general we will only disclose data to third parties where such disclosure in the course of providing the Services, reasonable (including publicly available) or required by law – see below for more details.
3. We ensure that any disclosure outside of New Zealand is made to parties which we are confident:
   1. Are subject to the NZ Privacy Act because they do business in New Zealand
   2. Will adequately protect your information by using model contract clauses; or
   3. Are subject to privacy laws of other territories which provide comparable safeguards to the NZ Privacy Act, such as Australia, Europe, UK, Canada and the like.

Retention of Data (when)

1. We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. Generally, all data on our servers is archived after 7 years.  We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.
2. We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.
3. In general we will only retain data for as long as necessary.

Transfer and Storage of Data (where)

1. We use the following methods for storing data including back-ups:
   1. physical data servers on servers and computes located in Australia
   2. cloud storage and file-share services, (who form part of our Service Providers referred to later) including:
      1. Amazon Web Services (AWS): https://aws.amazon.com/;
      2. Google Drive: https://drive.google.com/;
      3. Google Cloud Computing: https://cloud.google.com/;
      4. OVHcloud https://www.ovhcloud.com/en-au/.
      5. Microsoft OneDrive: https://onedrive.live.com/;
2. Your information, including Personal Data, may be transferred to — and maintained on — servers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
3. If you are located outside Australia and choose to provide information to us, please note that we transfer the data, including Personal Data, to Australia and process it there.
4. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
5. We will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.
6. With third-party, cloud-storage services:
   1. The individual data packets will be likely stored in an encrypted format, on servers located in different territories, as determined from time to time by the third-party providers.
   2. As this data should only be accessible by us (and the cloud-storage provider, to the extent it is for legitimate maintenance and support reasons) the information contained in the data is stored in Australia, as it is only at this location where the data packets can be compiled to reveal the information.

Collaboration with Third Parties

1. We do not sell any Personal Data to third parties.
2. If we are involved in a collaboration with a third party which involves collecting data and you subscribe to a mailing list associated with this collaboration, your Personal Data may be transferred to this third party so that they may send you marketing in accordance with the consent you provided. Your data will only be given to the core third party involved in the associated collaboration.

Business Transaction

1. If we are involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

Disclosure for Law Enforcement

1. Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

1. We may disclose your Personal Data to third parties (including legal advisors) in the good faith belief that such action is necessary to:
   1. To comply with a legal obligation;
   2. To protect and defend our rights or property;
   3. To prevent or investigate possible wrongdoing in connection with the Service;
   4. To protect the personal safety of users of the Service or the public; or
   5. To protect against legal liability.

Security of Data

1. We may hold your personal information in either electronic or hard copy form. The security of your data is important, and we take reasonable steps to ensure your personal information is protected against misuse, interference, loss, unauthorised access, modification or disclosure. These steps include various physical, administrative, personnel and technical measures. 
2. However, please bear in mind that that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
3. To aid with security we have procedures in place for scheduled backups and a separate data retention policy.

 

THIRD PARTIES AND INTERNAL ORGANISATIONS

Service Providers

1. Data is collected by us and handled within our group of companies.  Data is also shared with some third parties.  Below is an explanation of some of our internal and third-party entities and their role in data collection and use:

 

Entity	Internal or External	Nationality / Location	Role
BOO Group Holdings Pty Ltd (Trading as BOO Group) (A.C.N. 673 052 509)	Internal	Australian	Provides professional services, account management, project management and consultancy of the BOO Group’s companies services.
BOO Group Pty Ltd (Trading as BOO Print & BOO-X) (A.C.N. 147 975 684)	Internal	Australian	Provide print and build works, they will have access to creative and store information data.
HUNTLEY DESIGN AND CREATIVE PTY LTD (A.C.N. 668 546 692)	Internal	Australian	Provides creative design services and will have access to the creative assets as ‘data’.

 

1. Otherwise, we may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide the Service on our behalf, perform Service-related services or assist us in analysing how our Service is used.  As our work is project based, on commencement of each project we will let you know if any additional service providers may have access to your information, as for each project.
2. When you provide your personal information to us, you consent to the disclosure of your information outside of Australia and acknowledge that we are not required to ensure that any personal information disclosed is handled in accordance with Australian Privacy Law. However, we are committed to taking all reasonable steps to ensure that any personal information disclosed to overseas recipients is handled in a way that complies with the Australian Privacy Principles.

COMMINICATION TO YOU

How we advertise and communicate with you

1. We may use remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimise and serve ads based on your past visits to our Service.
2. We send advertisements and/or communications to you via:
   1. Opt-in Marketing Emails using:
      1. Express permission (filling in a submission form, checking an email confirmation link – we do not use pre-checked tick-boxes)
      2. Indirect permission (if you sign up to use our Services)
   2. Pop-ups and embedded advertisements on our Website
   3. Via phone
3. All advertisements will identify us as the sender.
4. All emails will have an ‘opt-out’ link you can use to disable us sending marketing content to you, which will be complied within five (5) business days.
5. For more information on Australian spam law requirements, please refer to the Australian Communications and Media Authority: https://www.acma.gov.au/spam-and-telemarketing
6. For more information on the UK requirements please see refer to the Privacy and Electronic Communications Regulations and the Data Protection Act: https://ico.org.uk/for-organisations/guide-to-pecr/what-are-pecr/ 

Links to Other Sites

1. Our Service may contain links to other sites that are not operated by us. If you click a third-party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.
2. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

 

YOUR RIGHTS

Our Complaints Process

1. You can submit complaints to us using the contact information provided below under the Contact Us heading.
2. Our Data Protection Officer will review your complaint and will respond to you with further details as soon as practicable.

Under the APPs and IPPs

1. You have the right, under the APPs and IPPs to request access to the Personal Information we hold for you (and confirmation if we hold any such data). You also have the right to request the correction of such information.
2. You can submit complaints to us using our contact details below (see contact details); for digital notices we accept multiple formats of Word, PDF and RTF documents. 
3. You can also lodge a complaint with the OAIC if the privacy/data issue hasn’t been resolved.  For more information, please visit https://www.oaic.gov.au/privacy/privacy-complaints/.

Under the GDPR and UK GDPR

1. If the GDPR or UK GDPR applies to you, you have particular data protection rights. We have summarised those rights below and you can find further information on the website of the Data Protection Authority in your country.
2. We provide you with privacy information at the time we collect personal data from them, via this privacy policy (Right to Be Informed)
3. In certain circumstances, you have the following data protection rights:
   1. You may access, update or delete any information we hold on you. You will be able to change some information we hold in your account settings. Otherwise, please contact us for us to assist you. (Right to access)
   2. You may rectify information that is incorrect or incomplete. (Right of rectification)
   3. You have the right to object to our processing of your Personal Data. (Right to object)
   4. You may request us to restrict our processing of your data. (Right of restriction)
   5. You may request a copy of the information we hold on you, to be provided in a structured, machine-readable and commonly used format. (Right to data portability)
   6. You may withdraw your consent for us to process your data. Please note that this will mean that many features of our Service will be unavailable, such as logging in. (Right to withdraw consent)
4. Please note that we may ask you to verify your identity before responding to such requests.
5. You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local Data Protection Authority in the European Economic Area (EEA).
6. If you are located in the UK, you have the right to submit a complaint to the UK Information Commissioner. For more information, please visit https://ico.org.uk.

CHANGES TO THIS DOCUMENT AND OUR OTHER DOCUMENTS

1. We may update this document from time to time. Any changes will be notified via posting the updated information on this page.
2. We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this document.
3. You are advised to review this document periodically for any changes. Changes to this document are effective when they are posted on this page.
   
   CONTACT US
4. If you have any questions about this document, the data we hold, or you would like to exercise one of your rights regarding the data, please contact us.

Company	BOO Studio Pty Ltd (ACN 624 302 469)
Attention	Privacy and Data Protection Officer
Email	hello@boostudio.com.au
Phone	1800 957 466
Postage	101 Illawarra Road, Marrickville, NSW 2204, Australia