Privacy Policy
1. Introduction
1.1 This Privacy Policy (“Policy”) is issued by Novo Digital Agency Pty Ltd (ABN 40 683 857 954) (“we”, “us”, “our”, “the Company”).
1.2 The Company is bound by the Australian Privacy Act 1988 (Cth) (“Privacy Act”) and the Australian Privacy Principles (“APPs”) contained therein. This Policy sets out how the Company collects, holds, uses, and discloses personal information in accordance with those obligations.
1.3 By accessing or using the Company’s website located at novodigitalagency.com.au (“Website”), submitting an enquiry, or otherwise engaging with the Company, you (“you”, “your”) acknowledge that you have read, understood, and agree to the terms of this Policy.
1.4 If you do not agree to this Policy, you must not access or use the Website or provide personal information to the Company.
2. Definitions
In this Policy, unless the context otherwise requires:
“Personal Information” has the meaning given to it under the Privacy Act, and includes any information or opinion about an identified individual or an individual who is reasonably identifiable, whether the information is true or not, and whether or not it is recorded in a material form.
“Sensitive Information” has the meaning given to it under the Privacy Act.
“Third-Party Service Provider” means any external platform, tool, or service provider engaged by the Company in connection with the operation of the Website or delivery of services, as further described in clause 5.
3. Collection of personal information
3.1 Information provided directly
The Company collects Personal Information that you voluntarily provide when:
- submitting an enquiry through the Website contact form, including your name, email address, telephone number (if provided), business name, website URL (if provided), and the content of your enquiry;
- corresponding with the Company by email, telephone, or other means; or
- engaging the Company to provide services.
The Company will only collect Personal Information that is reasonably necessary for, or directly related to, one or more of its functions or activities.
3.2 Information collected automatically
When you access the Website, certain technical and behavioural information may be collected automatically through the use of Third-Party Service Providers, as set out in clause 5.
3.3 Anonymity and pseudonymity
Where lawful and practicable, you may interact with the Company anonymously or by pseudonym. However, if you do not provide your Personal Information when requested, the Company may be unable to respond to your enquiry or provide its services.
4. Use of personal information
4.1 Primary purpose
The Company collects and uses Personal Information for the primary purpose for which it was collected, including:
- responding to enquiries and communicating with you regarding the Company’s services;
- assessing the suitability of the Company’s services for your requirements;
- providing and administering services engaged by you;
- maintaining business records and fulfilling legal and regulatory obligations; and
- improving the Website and the Company’s service delivery.
4.2 Secondary purposes
The Company will not use or disclose Personal Information for a secondary purpose unless:
- you have consented to the use or disclosure;
- you would reasonably expect the Company to use or disclose the information for the secondary purpose and it is related (or, in the case of Sensitive Information, directly related) to the primary purpose; or
- the use or disclosure is required or authorised by or under an Australian law or a court or tribunal order.
4.3 Direct marketing
The Company does not use Personal Information for direct marketing or unsolicited commercial communications.
5. Disclosure of personal information to third parties
5.1 General
The Company does not sell, rent, trade, or otherwise transfer Personal Information to third parties for their own commercial purposes.
5.2 Third-Party Service Providers
The Company engages the following Third-Party Service Providers in connection with the operation of the Website. By using the Website, you acknowledge that certain information may be processed by these providers in accordance with their respective privacy policies:
Google Analytics
The Company uses Google Analytics (provided by Google LLC) to collect aggregated information about Website usage, including pages visited, session duration, device type, browser, and approximate geographic region. Google Analytics uses cookies to collect this data. This information does not personally identify individual visitors. Further information is available at policies.google.com/privacy.
Microsoft Clarity
The Company uses Microsoft Clarity (provided by Microsoft Corporation) to analyse user behaviour on the Website, including session recordings and heatmaps. Information collected by Microsoft Clarity is used solely for the purpose of improving the Website experience and does not identify individual visitors. Further information is available at privacy.microsoft.com.
Google Maps
Certain pages on the Website may incorporate a Google Maps embed (provided by Google LLC). Interaction with the embedded map may result in information being collected by Google in accordance with its Privacy Policy at policies.google.com/privacy.
Calendar and scheduling tools
The Company may utilise third-party calendar or scheduling platforms to facilitate appointment bookings. Any Personal Information provided in connection with a booking may be processed by the relevant third-party platform in accordance with its own privacy policy, in addition to this Policy. The specific platform used may vary depending on the nature of the engagement.
5.3 Other disclosures
The Company may also disclose Personal Information:
- where required or authorised to do so by law, a court order, or a regulatory authority;
- to the Company’s professional advisers (including legal, accounting, and compliance advisers) subject to obligations of confidentiality; or
- in connection with the sale, merger, or acquisition of the Company or its business, provided that the recipient agrees to handle Personal Information in accordance with the APPs.
6. Payment information
6.1 The Company does not collect, process, or store payment card or financial account information through the Website.
6.2 Payments for services are facilitated through third-party payment processors, including GoCardless and direct bank transfer. Any financial information provided in connection with a payment is handled by the relevant third-party provider in accordance with their own privacy and security policies and, where applicable, applicable payment card industry standards.
7. Cookies
7.1 The Website uses cookies (small text files placed on your device) to support website functionality and the analytics tools described in clause 5.2.
7.2 You may configure your web browser to refuse cookies or to notify you when cookies are being set. Please note that disabling cookies may affect the functionality of certain features of the Website.
7.3 The Company does not use cookies to collect Sensitive Information or to engage in direct marketing.
8. Data storage and security
8.1 Personal Information collected by the Company is stored on servers located in Australia.
8.2 The Company takes reasonable steps to protect Personal Information from misuse, interference, loss, and unauthorised access, modification, or disclosure, including through the use of appropriate technical and organisational security measures.
8.3 Notwithstanding clause 8.2, the Company cannot guarantee the absolute security of information transmitted over the internet. Any transmission of Personal Information to the Company is made at your own risk.
8.4 Where Personal Information is no longer required for the purpose for which it was collected and no legal obligation requires its retention, the Company will take reasonable steps to destroy or de-identify the information.
9. Cross-border disclosure
9.1 Some Third-Party Service Providers engaged by the Company (including Google LLC and Microsoft Corporation) are based outside of Australia. By using the Website, you consent to the transfer of your information to recipients located overseas, including in the United States of America, in connection with the services described in clause 5.2.
9.2 Where Personal Information is disclosed to an overseas recipient, the Company takes reasonable steps to ensure that the recipient handles that information in a manner consistent with the APPs, to the extent practicable.
10. Access and correction
10.1 You have the right to request access to Personal Information that the Company holds about you, and to request the correction of information that is inaccurate, out of date, incomplete, irrelevant, or misleading.
10.2 To make a request for access or correction, please contact the Company using the contact details set out in clause 12. The Company will respond within a reasonable time and, in any event, within 30 days of receipt of a valid request.
10.3 The Company may decline a request for access or correction in circumstances permitted under the Privacy Act, and will provide written reasons for any such refusal.
10.4 The Company does not charge a fee for making a request for access or correction, though reasonable administrative costs may apply in some circumstances.
11. Complaints
11.1 If you believe that the Company has breached its obligations under the Privacy Act or this Policy in relation to your Personal Information, you may lodge a complaint by contacting the Company using the details set out in clause 12.
11.2 The Company will acknowledge receipt of your complaint within 5 business days and will endeavour to resolve the complaint within 30 days. Where a complaint requires further investigation, the Company will notify you of the expected timeframe for resolution.
11.3 If you are not satisfied with the Company’s response, you may refer your complaint to the Office of the Australian Information Commissioner (“OAIC”) at:
Office of the Australian Information Commissioner
GPO Box 5218, Sydney NSW 2001
oaic.gov.au
1300 363 992
12. Contact details
All privacy-related enquiries, access requests, correction requests, and complaints should be directed to:
Novo Digital Agency Pty Ltd
Attn: Privacy Officer
Email: info@novodigitalagency.com.au
13. Amendments to this Policy
13.1 The Company reserves the right to amend this Policy at any time. Any amendments will take effect upon publication of the updated Policy on the Website, with the “Last reviewed” date updated accordingly.
13.2 Your continued use of the Website following the publication of any amendment constitutes your acceptance of the amended Policy. The Company encourages you to review this Policy periodically.
14. Governing law
This Policy is governed by and construed in accordance with the laws of the State of Victoria, Australia. Any disputes arising in connection with this Policy are subject to the exclusive jurisdiction of the courts of Victoria.