Privacy Policy 

1. Background

This Privacy Policy describes the ways in which Butterfly Media collects, uses and protects your personal information and data. In this policy, all references to “we” or “us” refers to ShutterWink Pty Ltd, trading as Butterfly Media  95 625 856 493 and any of our employees, officers or agents. 

We are committed to providing quality services to you and this policy outlines how we manage and safeguard the personal information which we receive in connection with our business operations. To achieve this commitment to privacy, we comply with the Australian Privacy Principles and the Notifiable Data Breach Scheme contained in the Privacy Act 1988 (Cth) (the Privacy Act). This legislation governs the way in which we collect, use, disclose, store, secure and dispose of your personal information and how we notify you in circumstances where your information is lost or accessed.

For further information regarding Australia’s privacy legislation, please refer to The Office of the Australian Information Commissioner:

• online at www.oaic.gov.au;
• by email at enquiries@oaic.gov.au; or
• by telephone on 1300 363 992. 

By accessing our website, using our services or otherwise providing us with personal information, you confirm that you have read and agree to the terms of this Privacy Policy and expressly consent to the collection, storage, use and disclosure of your personal information in accordance with the terms of this Privacy Policy. 

If you do not feel comfortable with any aspect of this Privacy Policy or do not agree to the terms of this Privacy Policy, please immediately leave the website, discontinue the use of our services and contact us at business@butterflymedia.marketing

Words used in this Privacy Policy that are defined in the Privacy Act have the same meaning as in the Privacy Act. 

2. What is personal information and what do you collect?

Personal information is any information or opinion about an identified individual or a reasonably identifiable individual. We collect information about you in order to provide you with our services. You may choose whether to provide us with this information, however your choices may affect our ability to offer you all or part of our services. 

Your personal information which we may collect includes:

• Registration Information: when you register with our website or sign up to an agreement to receive our services, you provide personal information which may include your name, email address, contact information and any other information which you may provide us. 
• Payment Information: in order to facilitate payments and to receive invoices and reimbursements (where applicable) you provide us with payment information which may include bank details, credit card details or other billing information.
• Communication Information: when you communicate with us via telephone, email, SMS or online we will collect your contact information and any other information you choose to provide to us.
• Photographic Information: when we take your photograph or the photograph of others in connection with the provision of our services to you we will collect personal information about you or others which may include your likeness and appearance, biometric information, and information relating to your age, gender, religious beliefs and racial or ethnic origin. Your photographic information may be considered ‘sensitive information’, we will only collect your photographic information with your consent and as reasonably necessary to carry out our services to you. Where reasonably practicable we will contain the consent of any individual who we photograph and where particular individuals indicate that they do not wish their photograph to be taken, we will comply with their request. 
• Cookie Information: we may use cookies and similar tracking technologies on our website in order to track the use of our website and maintain and improve our services to you. Further information on cookie and data collection is contained in the “Website Usage” paragraph below. 
• Third Party Information: whenever reasonable and practical to do so, we will collect personal information about you directly from you. However, in some cases we may be required to collect personal information about you from third parties such as the government, credit reporting agencies or from public sources. Where we collect information about you from a third party, we will take reasonable steps to ensure that you are made aware of the fact and circumstances of that collection. We may also receive information from third parties where you have authorised us to do so. 
• Mobile Data Information: You may access or use our services via a mobile device or application. We may collect information about you and your device, such as your IP address, location or device information, and any other information provided by your mobile device. If you do not want us to collect your location information you can disable the GPS or location-tracking function of your device. 
• Third-party plugin Information: In some cases, we may have integrated a third-party plugin into our website. The use of such third-party plugins may result in data collection by both us and the relevant third party. We do not control the information you share with third parties via these plugins. You should refer to the third party’s privacy statement to understand their data handling practices
• Why do you collect personal information?
•  

We collect your Personal Information for the primary purpose of providing our services to you. We use your personal information for the purpose for which it was collected. Some examples of why we collect your personal information include:

to provide our services to you;	to resolve disputes;
to contact you regarding our services to you;	to advertise our services or the products and services of third parties; and
to identify our customers and potential customers;	to collect fees and payments owing to us.
to deliver targeted marketing materials to you regarding new services and offers we believe may be of interest to you;

Where your personal information is not ‘sensitive information’ we may also use your personal information for secondary purposes closely related to the primary purposes outlined above, in circumstances where you would reasonably expect such use or disclosure. 

In addition, we may use your information as otherwise authorised or required by law. 

4. How do we use your sensitive information?

Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body or criminal record and also includes health information and biometric information. 

We will only collect and use sensitive information with your consent where the information is reasonably necessary or related to our services and activities, or where otherwise required or authorised by law. By using our services you consent to the use of your sensitive information for the purposes outlined in section 3 above. 

5. How do we disclose your personal information?

We will only disclose your personal information to the extent required to provide our services to you, for the purposes outlined in section 3 above or as otherwise requested or authorised.  

We will not rent or sell your information to third parties without your consent to that use or disclosure. 

• Direct Marketing

Where we use your personal information to send you marketing and promotional information you will be provided with the opportunity to opt-out of receiving such information. Unless you exercise your right to opt-out of such communications, you will be taken to have consented to receive similar information and communications in the future. 

• Overseas Data Transfer

We will not send your personal information to recipients outside of Australia without first:

• taking reasonable steps to ensure that the overseas recipient complies with the Australian Privacy Principles and this Privacy Policy; 
• obtaining your consent; or
• otherwise complying with the Privacy Act. 

You consent to any such transfers, provided that they are otherwise in accordance with this Privacy Policy. 

6. How do we secure your personal information?

We take reasonable steps to ensure your personal information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.

Personal information we collect and hold is stored on secure servers and is only accessed by those persons who need access to the information or in order to carry out our services. We also maintain physical security measures to protect the use and storage of physical records containing your personal information. 

When your personal information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your personal information. 

When we detect misuse, loss or unauthorised access, modification or disclosure to your personal information, we will comply with all relevant provisions of the Notifiable Data Breach Scheme. 

7. Your rights and choices

You are entitled to access the personal information we hold about you and you may request that we update or correct any information we hold. We will take reasonable steps to allow you to access your information unless circumstances exist that would prohibit us from doing in accordance with the Privacy Act. 

If you wish to access your personal information, please contact us at the address below. 

We will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your personal information. In order to protect your personal information we may require you to identify yourself before releasing the requested information.

It is important to us that your personal information is up to date. We will take reasonable steps to correct your information where we are satisfied that your personal information is inaccurate, incomplete or out-of-date. If we correct any personal information that we have disclosed to third parties we will take reasonable steps to notify those parties of the change or update.

If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

8. Changes to this Privacy Policy

We may update this Privacy Policy from time to time. If we change this Privacy Policy in any material way, we will post a notice on our website prior to the change becoming effective for a period of 30 days. We encourage you to periodically review this page for the latest information on our privacy practices. 

The effective date of this Privacy Policy is: 4 October 2022 

9. How can you contact us?

If you have any queries, concerns or complaints or would like to discuss any matter concerning your privacy, please contact us at business@butterflymedia.marketing

If you are concerned that we may have breached Australian privacy legislation, please contact us immediately. We will undertake a reasonable and expeditious assessment of the concern and suggest relevant resolution processes. 

Alternatively, you may wish to contact the Office of the Australian Information Commissioner.