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Privacy Policy

EYES OPEN SOCIAL MEDIA PTY LTD

(EYES OPEN)

General

Eyes Open understands the importance people place on their personal information, and we are committed to protecting your personal information.

Eyes Open is bound by the Privacy Act 1988 (Cth) ( Privacy Act), including the Australian Privacy Principles (APPs).

Please note, however, acts done or practices engaged in by Eyes Open which are directly related to:

  • a current or former employment relationship between Eyes Open and you; and

  • an employee record held by Eyes Open and relating to you, are exempt from the Privacy Act, including the APPs.

This policy sets out how Eyes Open manages your personal information

Collection

Eyes Open may collect and hold personal information:

  • that is reasonably necessary for, or directly related to, one or more of our services or activities;

  • as required or permitted (eg because a “permitted general situation” exists for the purposes of the Privacy Act) by law.

The personal information that Eyes Open collects and holds about you will depend on your interaction with Eyes Open. Generally, however, the sort of personal information Eyes Open may collect and hold about you includes your name, date of birth, gender, name and address of your employer or education provider, email address, credit card details, performance records and other information relevant to providing you with the services you or your authorised representatives are seeking from Eyes Open.

Personal information will generally be collected by Eyes Open directly from you through the use of Eyes Open’s online services, by email or telephone. There may be, however, some instances where personal information about you will be collected indirectly, for example from a third party or a publicly available source, because it is unreasonable or impractical to collect personal information directly from you. We will usually notify you about these instances in advance, or where that is not possible, as soon as reasonably practicable after the information has been collected.

If the personal information you provide to Eyes Open is incomplete and/or inaccurate, Eyes Open may be unable to provide you or your authorised representatives with the services you, or they, are seeking.

Generally, Eyes Open will collect and hold your personal information for the purpose of:

  • providing services to you and your authorised representatives;

  • facilitating Eyes Open’s internal business operations, including the fulfilment of any legal requirements;

  • analysing Eyes Open’s services and customer needs with a view to developing new and/or improved services;

  • providing you with information about other services that Eyes Open offers that may be of interest to you ( Marketing Material);

  • contacting you to provide a testimonial for Eyes Open;

  • contacting you, in the case of an emergency; and

  • as required by law.

Online services

If you access Eyes Open’s website, Eyes Open may collect additional personal information about you in the form of your IP address (ie the single numerical address for your computer on the internet) and/or domain name (ie the textual address for your location on the internet which corresponds to your IP address).

Also, Eyes Open’s website uses cookies. A cookie is a message given by a web server (ie a computer that delivers or serves up pages on the world wide web, such as https://eyesopensocialmedia.com.au) to a web browser (ie software used to locate and display pages on the world wide web, such as Microsoft Internet Explorer). The web browser stores the message in a text file. The message is then sent back to the web server each time the web browser requests a page from the web server.

The main purpose of cookies is to identify users and to prepare customised web pages for them. For example, when you enter a website using cookies, you may be asked to fill out a form providing such information as your name and interests. This information is packaged into a cookie and sent to your web browser, which stores the cookie. The next time you go to the same website, your web browser will send the cookie to the web server. The web server can then use this information to present you with customised web pages. So, for example, instead of seeing just a generic welcome page, you might see a welcome page with your name on it.

Cookies do not identify you personally, but they may link back to a database record about you. If you register on Eyes Open’s website, Eyes Open will then link your cookie back to your personal information details.

Eyes Open uses cookies to monitor usage of Eyes Open’s website and to create a personal record of when you visit Eyes Open’s website and what pages you view so that Eyes Open may serve you more effectively.

Links to other websites

Eyes Open’s website may contain links to other websites. Eyes Open is not responsible for the privacy practices of linked websites and linked websites are not subject to Eyes Open’s privacy policies and procedures.

Unsolicited information

Sometimes we receive unsolicited information from individuals or from other sources. If we determine that we could not have collected the information for one or more of our functions or activities, we will take reasonably practicable steps to de-identify or destroy the information we received, provided it is lawful to do so. Otherwise, we will deal with the information in accordance with this privacy policy.

Use and disclosure

Generally, Eyes Open only uses and/or discloses personal information about you for the purposes for which it was collected (as set out above). However, Eyes Open may disclose personal information about you to:

  • service providers who assist Eyes Open in operating its business, including a service provider located in the USA;

  • a purchaser of the assets and operations of Eyes Open’s business, providing those assets and operations are purchased as a going concern;

  • Eyes Open’s related entities (which are currently located in Australia); and

  • in the case of an emergency involving you or your authorised representatives (if any).

Marketing Material

If you do not wish to receive Marketing Material from us you can opt out at any time by contacting us as detailed below.

Security

Eyes Open stores your personal information in different ways, including in paper and in electronic form. The security of your personal information is important to Eyes Open. Eyes Open takes all reasonable measures to ensure that your personal information is stored safely to protect it from misuse, loss, unauthorised access, modification or disclosure, including electronic and physical security measures.

Access

You may access personal information Eyes Open holds about you, upon making a written request. Eyes Open will endeavour to acknowledge your request within 14 days of its receipt and to provide you with access to the information requested within 30 days. Eyes Open may charge you a reasonable fee for processing your request.

Eyes Open may decline a request for access to personal information where, among other things:

  • providing access would pose a serious threat to the life or health of an individual;

  • providing access would have an unreasonable impact upon the privacy of other individuals;

  • the request for access is frivolous or vexatious;

  • the information relates to existing or anticipated legal proceedings between Eyes Open and you, and the information would not be accessible by the process of discovery in those proceedings;

  • providing access would reveal information about a commercially sensitive decision-making process;

  • providing access would be unlawful;

  • denying access is required or authorised by or under law;

  • providing access would be likely to prejudice an investigation of possible unlawful activity; or

  • providing access would be likely to prejudice the activities of enforcement bodies.

If, upon receiving access to your personal information or at any other time, you believe any personal information Eyes Open holds about you is inaccurate, incomplete or out-of-date, please notify Eyes Open immediately. Eyes Open will take reasonable steps to correct the information so that it is accurate, complete and up-to-date.

If Eyes Open disagrees with you about whether your personal information is inaccurate, incomplete or out-of-date, and you ask Eyes Open to associate with your personal information a statement claiming that your personal information is inaccurate, incomplete or out of date, Eyes Open will take reasonable steps to do so.

Updates

This privacy policy may be updated by Eyes Open from time to time. We encourage you to check Eyes Open’s website regularly for any updates to our privacy policy

Feedback, questions or complaints

If you have any comments or would like any further information about this privacy policy or the way in which Eyes Open handles your personal information, please contact Eyes Open’s privacy officer at:

Postal address: Ground Floor, 6 Heussler Tce, Milton QLD 4064

Email address: [email protected]

If you contact us in relation to your personal information and believe that we have not resolved your request appropriately, you may apply to the Office of the Australian Information Commissioner to have your complaint heard and determined.

More information about your privacy

For more information about privacy in general, you can visit the Office of the Australian Information Commissioner’s website at https://www.oaic.gov.au/.