COPYRIGHT NOTICES

PRIVACY COLLECTION STATEMENT

(June 2019)

We Are Social Pty Ltd (ACN 143 087 852) (We Are Social) collects personal information about you from https://wearesocial.com/au/, any related We Are Social, or client website, social media page, internal website or intranet and any We Are Social or client mobile or tablet application (each, a Website); personal information provided to us by our clients and customers; personal information collected by us on behalf of our clients and customers as a result of the provision of professional services to our clients and customers, and; as provided by you by any other means, including either physically or electronically. Occasionally, we collect personal information from social media sites or from commercial data providers, referral agents, and other data providers who obtained your personal information from third party sources who hold your consent to disclose your personal information to us, or who have otherwise disclosed your personal information to us in circumstances where it is lawful to do so. Personal information is collected in order to respond to enquiries including employment enquiries, provide you with newsletters and electronic newsletters, to obtain opinions or comments about products and/or services, to conduct research, to provide professional services to our clients and customers and to provide you with certain content, products and services and, unless you opt-out or unsubscribe, contact you in the future with information on products and services and to provide you with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future. Our Websites may also collect and use passively collected anonymous information or personal information from various third party sources and we may combine this anonymous information or personal information with other personal information collected from you, to provide better service to Website users, customise a Website based on your preferences, compile and analyse statistics and trends, and otherwise administer and improve Websites for your use. For the purposes described above, your information may be shared with We Are Social group companies (and their directors, servants and agents), clients, promotional partners, contractors and service providers engaged by We Are Social, and other trusted third parties, either in Australia or overseas including in US, Spain, UK, Ireland, France, Italy, Germany, Dubai, Singapore, Hong Kong, China and Japan, who may also contact you with information about products and services and with marketing materials, including electronically. Failure to provide personal information may result in you being unable to receive relevant information, We Are Social being unable to provide you with certain content, products or services. Our Privacy Policy below contains information about how you can access and correct your personal information, how you can lodge a complaint regarding the handling of your personal information and how any complaint will be handled by We Are Social. You may contact our privacy officer with any queries via email: [email protected] or mail: 144 Cleveland Street, Chippendale NSW 2008, Australia or telephone: (02) 9046 3710.

WE ARE SOCIAL PRIVACY POLICY

(July 2019)

  1. We Are Social Pty Ltd (ACN 143 087 852) (“We Are Social” or “We/we” or “Our/our” or “Us/us”) are committed to respecting the privacy of your personal information. This Privacy Policy explains how we deal with your personal information that we collect, use, hold, disclose or process.
  2. We will update this Privacy Policy from time to time when we change how we deal with personal information. We will post any changes to this Privacy Policy on our Websites, so we encourage you to check this Privacy Policy from time to time.
  3. In addition to the provisions of this Privacy Policy, there may also be specific and additional privacy and consent provisions that apply to certain collection channels of personal information. Because those specific and additional provisions also relate to your privacy protection, we recommend that you review them wherever they appear. In the event of any inconsistency between the provisions of this Privacy Policy and those other specific and additional provisions, the specific and additional provisions will prevail.

Definition of personal information

  1. Throughout this Privacy Policy, we use the term ‘personal information’ to refer to information relating to an identified or identifiable natural person, including information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not; and whether the information or opinion is recorded in a material form or not. For example, your full name, date of birth, address, mobile telephone number, email address and credit card details are examples of information which may constitute personal information. Personal information may also include information we may collect about your individual preferences.

Problems, Complaints or Queries

  1. If you have any questions about our Privacy Policy, or any problems or complaints about how we have collected, used, stored, handled, disclosed and/or processed your personal information, please contact our privacy officer via one of the following channels:

For individuals in Australia:

Mail:                 Privacy Officer

Address:           We Are Social Pty Ltd, 144 Cleveland Street, Chippendale NSW 2008

Telephone:       +61 2 9046 3710

Email:               [email protected]

For individuals in the European Union, please contact our European Union Representative at:

Attn:                 The Data Protection Officer

Address:           We Are Social Ltd, Alphabeta, 14-18 Finsbury Square, London, EC2A 1BR

Telephone:       +44 20 3195 1700

Email:               [email protected]

  1. Please allow 30 days for this request to be processed. On receipt of your query, problem or complaint a review will be conducted, and findings will be communicated to you where required. If you do not receive a satisfactory response to your query, problem or complaint within 30 days, you may refer your query, problem or complaint to the Office of the Australian Information Commissioner via the contact details listed at http://www.oaic.gov.au/about-us/contact-us-page, or, for individuals in the EU, to the data protection supervisory authority in your country.

On what basis do we process your data?

Lawful basis of processing

  1. We Are Social will only collect, monitor, use, disclose, or process any personal information about you with your consent (which we endeavour to obtain at the same time as collecting your personal information, or as soon as reasonably practicable thereafter) or if it is otherwise lawful to do so. The only personal information collected by us is what has been provided to or collected by us in accordance with this Privacy Policy or has been provided to us lawfully by third parties. We will generally deal with your personal information for the primary purposes set out in this Privacy Policy.
  2. For individuals in the European Union, We Are Social may also rely on the lawful bases of contract and legitimate interest. That is, where you enter into a contract with us, We Are Social will process your personal information because it is necessary for the performance of that contract with you. In some circumstances, such as fraud prevention, We Are Social may also have a legitimate commercial interest in processing your personal information that is not outweighed by your interests, rights and freedoms. We Are Social may also request your explicit consent to process your personal data from time to time for various purposes.
  3. We Are Social reserves the right to use or disclose any information, including personal information, as needed to satisfy any law, regulation or legal request, to protect the rights or property of We Are Social, any member of the We Are Social group, or any member of the public, to protect the integrity of a Website, to fulfil your requests, or to cooperate in any law enforcement investigation or an investigation on a matter of public safety.

When and how do we collect personal information?

Collection Channels

  1. We (or our subcontractors) collect and combine personal information in a number of ways through the following channels (each, a Collection Channel):
    1. through our clients and service providers as a result of the provision of professional services to our clients, and other legitimate third party sources;
    2. through physical and other ad-hoc channels of collecting personal information in relation to events, activations, or promotions (such as through paper forms or tablets);
    3. our online properties (here and after, each a “Website”), including:
      1. our websites, including but not limited to https://wearesocial.com/au/;
      2. any related We Are Social website, social media page, internal website, intranet and any We Are Social mobile or tablet applications,
    4. personal information provided to us by our clients and customers and personal information collected by us on behalf of our clients and customers as a result of the provision of professional services to our clients and customers; and
    5. any other means through which an individual provides personal information to We Are Social and its clients, including either physically or electronically, directly or indirectly.

Active Information Collection

  1. Personal information may be collected and combined via our Collection Channels if you:
    1. sign-up and/or register to become a member of any Collection Channel, or provide your details to us or our clients via any Collection Channel;
    2. subscribe to any newsletters, updates, alerts or news and media releases, or request launch or event information or information about our products or services or other information services as well as our clients’ or other third party products or services;
    3. have previously provided us with personal information prior to this Privacy Policy coming into effect, either directly from you personally or via a third party, including our clients;
    4. complete and submit any forms or surveys provided to We Are Social or our clients, either physically or electronically;
    5. conspicuously publish or provide on request your personal information to We Are Social;
    6. contact us or our clients directly in person or via any medium including mail, telephone, social media and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) including via the contact details listed on a Website;
    7. participate in any events, offers, promotions, competitions or marketing activities of We Are Social, or our clients or service providers;
    8. interact with a Website for a specific purpose; or
    9. interact with or browse a Website generally.
  2. We may collect personal information from you in a passive manner including through the use of cookies and other tracking tools such as internet tags, tracking pixels, web beacons and unique device identifiers. For further information about the use of passive personal information collection, see paragraph 36 below.

What kinds of personal information does We Are Social collect?

  1. We may collect personal information including:
    1. your full name, contact details (such as your email address, phone number, address, contact preferences), location;
    2. information about your preferences, interests, opinions, feedback and experiences with our products or services or the products and services of our clients;
    3. social media account usernames and information published on your social media accounts;
    4. information regarding your personal and professional interests and your networks;
    5. information regarding your relationship history with We Are Social and We Are Social’s clients;
    6. if you are an employee or prospective employee, information about your employment history and future plans, and documents relating to your employment;
    7. information about your education and qualifications, skills and experience;
    8. enquiry and complaint details;
    9. information about your experience with We Are Social’s products or services or our clients’ or other third party products or services. This information is requested including in order to tailor our subsequent communications to you and continuously improve our products and services;
    10. the contact details of third parties. If you are asked to provide details about other people, please ensure that these individuals are happy for their details to be given to We Are Social and used for the purposes set out in this policy (which may include using their details for marketing purposes);
    11. when you visit a Website, we may also collect personal information about you in the following general categories:
      1. usage and preference information: we collect information about how you interact with the We Are Social website, including the pages you visit, your preferences and settings that you choose. We may do this through the use of cookies and other similar technologies that uniquely identify you;
      2. device information: we may collect information about your mobile device such as the hardware model, operating system, preferred language, unique device identifier and mobile network; and
      3. other information: we may also collect and log information such as your IP address, access dates and times, browser type and pages visited when you interact with a website.
    12. any other personal information you provide directly to us. Where you provide us with unsolicited personal information, we will retain this information where it falls within our primary purposes for collection of personal information (as stated in this Privacy Policy); and
    13. any other personal information requested or required by a Collection Channel.

Sensitive Information

  1. We do not seek to collect sensitive information (or “special categories” of information under the GDPR).
  2. If we do collect sensitive information, we will only do so where it is lawful to do so or with your consent and where you provide it to us directly. Where you provide us with any sensitive information (including, but not limited to, information about your sexual orientation, religious beliefs, medical and/or criminal history), we will only use this information for the purposes stated at the time of collection and will only share this information with our trusted third parties in the manner stated in this Privacy Policy.

Consequences of not providing personal information

  1. No-one is obliged to provide personal information. However, failure to do so may result in We Are Social or our clients being unable to provide you with We Are Social’s or our clients’ goods, services, information, upcoming opportunities, promotion, event or product information, and other content, including where requested by you.

For what purposes does We Are Social collect, hold, use and disclose your personal information?

  1. Personal information that We Are Social collects will be used for the following primary purposes:

Providing services to We Are Social’s clients

  1. To fulfil obligations in respect of any contract between you and We Are Social, or you and our clients, or We Are Social and our clients;
  2. To render services related to We Are Social or our clients, including providing our professional services to our clients;

Managing relationships

  1. to ensure that your personal information remains up-to-date and complete;
  2. to provide you with information about your accounts, transactions, content, services and products involving We Are Social or We Are Social’s clients;
  3. to contact you, including sending you any technical, administrative or legal notices relevant to We Are Social, our clients or a Website;
  4. to otherwise maintain our relationship with you or the relationship between you and our clients, including providing after sales services and responding to enquiries;

Special offers, marketing and advertising

  1. to provide you with early access to new releases, exclusive events, special offers, newsletters, events, promotions and activations of We Are Social, its clients or its trusted partners;
  2. to otherwise market to you (with direct marketing materials), via any medium including mail, telephone, commercial electronic messages (such as SMS, MMS, instant messaging, email, social media, mobile applications), or any other form of electronic, emerging, digital or conventional communications channel;
  3. to provide you with relevant and targeted advertising, including when you browse third party websites;

We Are Social’s Website

  1. to maintain the functionality of a Website, including customising the Website based on your preferences; providing information to you relating to the content available on a Website; to improve the Website and system administration;

Improving offerings to you and research

  1. to better understand and meet your needs and interests, to enable us to improve the nature of the goods and services we or our clients provide, to more accurately market our or our clients’ goods and services, and to research our or our clients’ customers;
  2. to obtain opinions or comments about products and/or services and to conduct other research and development;
  3. to record and analyse statistical and de-identified data for analysis including marketing analysis;
  4. to conduct market research including identifying likeminded individuals including through third party vendors such as Facebook or other social media websites;

Miscellaneous

  1. to share personal information with our group companies and their related bodies corporate and agents, and other trusted third parties in the manner described in this Privacy Policy;
  2. for any further purposes stated in a particular Collection Channel;
  3. to undertake recruitment for We Are Social (if applicable);
  4. for any other purpose as may be deemed reasonably necessary by We Are Social in the circumstances;
  5. as needed to satisfy any law, regulation or legal request; to protect the rights or property of We Are Social, We Are Social’s clients’, or any member of the public; to protect the integrity of Websites; to fulfill your requests; or to cooperate in any law enforcement investigation or an investigation on a matter of public safety.

Contact by We Are Social

  1. We Are Social group companies (and their directors, servants and agents), We Are Social’s promotional partners, We Are Social’s clients or trusted third parties (and other selected service providers and other non-We Are Social companies or professionals) either in Australia or overseas, may contact you via telephone, SMS (Short Message Service), MMS (Multimedia Messaging Service), IM (Instant Messaging), email, post or any other form of electronic, emerging, digital or conventional communications channel using the information provided in order to contact you in respect of the primary purposes for collection of personal information as stated above.
  2. We Are Social does not send advertising or marketing information without obtaining prior consent, for example consent provided by you when you accept this Privacy Policy, unless it is otherwise lawful to do so. If you receive communications from We Are Social which you do not wish to receive, you may remove your name from the database either by using the functional unsubscribe facility (if the communication is via commercial electronic message) or by contacting We Are Social‘s Privacy Officer as described above. Please allow 30 days for this request to be processed.
  3. Despite removing your name from the database and opting out of future advertising and marketing information, We Are Social may send you non-commercial “Administrative Emails”. Administrative Emails relate to your account with We Are Social or We Are Social’s clients (if applicable) and may include administrative and transaction confirmations, requests and enquiries or information about a particular account. If you do not wish to receive such communications from We Are Social, you may remove your name from the database by contacting We Are Social’s Privacy Officer. Please allow 30 days for this request to be processed.

Automated decision-making

  1. We Are Social does not rely solely on automated decision making (including profiling) for any decisions that will have a significant effect on you.

How do we share your personal information?

  1. Solely for the purposes described above, personal information may be shared with the entities below including their directors, servants and agents and related bodies corporate:
    1. our clients;
    2. our or our clients’ marketing and email sending partners;
    3. contractors and service providers engaged by We Are Social;
    4. technical service providers, such as mail carriers, hosting providers, IT companies and communications agencies; and
    5. other trusted service providers, promotional partners and third parties.
  2. These recipients may be engaged by We Are Social to perform a variety of functions, such as legal and accounting services, data storage, support services, conducting market research, processing credit card payments, assisting with promotions and providing technical services for our websites. These companies may have access to personal information if needed to perform such functions.
  3. Some of the recipients of your personal information may be located overseas. We Are Social employees, data processors and other trusted third parties are obliged to respect the confidentiality of any personal information held by We Are Social. However, security of communications over the Internet cannot be guaranteed, and therefore absolute assurance that information will be secure at all times cannot be given. We Are Social will not be held responsible for events arising from unauthorised access to personal information except to the extent required by the relevant privacy laws.
  4. The recipients of your personal information may be located in Australia or overseas, including but not limited to US, Spain, UK, Ireland, France, Italy, Germany, Dubai, Singapore, Hong Kong, China and Japan.
  5. For individuals in the EU, please note that the recipients of your personal information may be located in countries in which the privacy or data protection laws differ from those of the European Union, and which are not the subject of an adequacy decision by the European Commission. For recipients of your personal information in Australia, appropriate or suitable safeguards over your personal data will be put in place, including through the standard data protection contract clauses approved by the European Commission. Please contact our Privacy Officer for more information.

How do we hold, and how long do we hold your personal information?

Security

  1. We Are Social takes appropriate security measures to keep personal information secure and to prevent unauthorised access, disclosure, modification, misuse, interference or loss of personal information. We Are Social, its employees and its subcontractors are obliged to respect the confidentiality of any personal information held by We Are Social.
  2. We Are Social also takes reasonable steps to keep personal information accurate, up to date, complete and relevant. We Are Social takes reasonable steps to ensure only those necessary have access to your personal information. Personal information is stored on secure servers that are protected in controlled facilities. This service may be performed on our behalf and data may be hosted by our selected data storage providers. In some cases these facilities may be overseas, including in Ireland as described above. We Are Social retains your information only for as long as necessary for the purposes listed in this Privacy Policy. We Are Social will inform you about serious data breaches in accordance with the Privacy Act 1988 (Cth).

Your privacy rights

  1. You have a number of rights under the Australian Privacy Law and the GDPR. These include:
    1. (access) to request access to your personal information from us, in a commonly used electronic format. On a case by case basis, We Are Social may determine that it is not legally required to give an individual access to personal information, in which case We Are Social will provide you with a written notice of its refusal to provide access;
    2. (correction) to request that we correct your personal information;
    3. (withdrawing consent) to withdraw your consent for us to use your personal information. Please note that you can also opt-out of online marketing communications at any time by using the unsubscribe feature in each electronic commercial message; and
    4. (complaint) to complain about a breach of the Australian Privacy Principles.
  2. If you are an individual in the EU, you have additional rights under the GDPR that you can exercise against the “controller” of your data. Where we are the controller of your data, your rights include:
    1. (access) to request that we transfer your personal information to another service provider of your choosing;
    2. (erasure) to request that we erase your personal data. All reasonable steps to delete the information will be made, except where it is required for legal reasons. Deletion of information may result in us being unable to facilitate or provide you with information about certain services (including the uploading, access to, and receipt of content on a website or the We Are Social Application, and purchase transactions undertaken on a website);
    3. (objection and restriction) in some circumstances, to object to the use of your personal data by us and request that we restrict our use of your personal information; and
    4. (complaint) to lodge a complaint in relation to our processing of your personal data with a data protection supervisory authority under the GDPR.
  3. To exercise these rights, please contact us at the contact details listed at the beginning of this Privacy Policy. Please allow for a reasonable amount of time for us to process your request, which will generally be up to 30 days.

Miscellaneous

Anonymity and Pseudonymity

  1. Where practicable, We Are Social will allow you to deal with us on an anonymous or pseudonymous basis. If this is practicable, our collection channels will only seek information in this way. However, where it is not practicable for the purposes for which information is collected, we will seek the personal information identified above. It will not be practicable to deal with you on an anonymous or pseudonymous basis when we wish to send you direct marketing materials or need to provide you with goods or services requested by you.

Sale of the company

  1. If We Are Social merges with, or is acquired by, another company, or sells all or a portion of its assets, your personal information may be disclosed to our advisers and any prospective purchaser’s adviser, and may be among the assets transferred. However, personal information will always remain subject to this Privacy Policy.

Passive Information Collection

  1. As with many commercial websites (and mobile and tablet applications), We Are Social and We Are Social’s clients may also collect information which tells us about visitors to our websites. For example, we may collect information about the date, time and duration of visits and which pages of a Website are most commonly accessed. This information is generally not linked to the identity of visitors, except where a Website is accessed via links in an email we have sent or where we are able to uniquely identify the device or user accessing a website. By accessing a Website via links in an email we have sent and/or by accessing a Website generally, including when you are logged into an account, you consent to the collection of such information where it is personal information.
  2. As you navigate through our websites, certain information can be passively collected (that is, gathered without you actively providing the information) using various technologies, such as Unique Device Identifiers (UDI), cookies, Internet tags or web beacons, and navigational data collection (log files, server logs, clickstream). In certain circumstances, this information may be considered anonymous information or personal information under the Privacy Act 1988 (Cth) and the GDPR, dependent on the device used and the method by which an individual connects to the Internet. Your Internet browser automatically transmits some of this anonymous information or personal information to the website you are browsing, such as the URL of the website you just came from, the Internet Protocol (IP) address, the UDI (if applicable) and the browser version your device is currently using. Our websites may also collect anonymous information or personal information from your device through cookies and Internet tags or web beacons. You may set your browser to notify you when a cookie is sent or to refuse cookies altogether, but certain features of a website might not work without cookies and this may limit the services provided by a website. Cookies and other technical methods may involve the transmission of information either directly to us or to another party authorised by us to collect information on our behalf.
  3. Our Websites may use and combine such passively collected anonymous information or personal information and/or information from various third party sources, including as described above, and may combine this anonymous information or personal information with other personal information collected from you to provide better service to website visitors and users, customise a website based on your preferences, compile and analyse statistics and trends, provide you with relevant advertising when you visit a Website or a third party Website, and otherwise administer and improve a Website for your use. We may combine your visitor session information or other information collected through tracking technologies with personally identifiable information from time to time in order to understand and measure your online experiences and to determine what products, promotions and services are likely to be of interest to you. By accessing a Website, you consent to information about you being collected, compiled and used in this way.
  4. For more information about cookies and how you can opt out, you can visit http://www.youronlinechoices.com.au/.

We Are Social and other websites

  1. Our Websites may, from time to time, contain links to the websites of other organisations which may be of interest to you. Their inclusion cannot be taken to imply any endorsement or validation by us of the content of the third party website. Linked websites are responsible for their own privacy practices and you should check those websites for their respective privacy statements. We Are Social is not responsible, nor does it accept any liability, for the conduct of companies linked to our Websites.
  2. We may use third party advertisements on our Websites. All third party advertising, if paid for, is paid for by the relevant third party advertisers and are not recommendations or endorsements by We Are Social or any of its affiliates. We Are Social is not responsible for the content (including representations) of any third party advertisement on a website. Cookies may be associated with these advertisements to enable the advertiser to track the number of anonymous users responding to the campaign. We do not have access to or control over cookies placed by third parties.

User submissions

  1. We Are Social may provide areas on a Website where you can upload user-generated content, post or provide information about yourself, communicate with other users, provide reviews for content, products and/or services or interact with or vote on particular content. This information may be shared with others and may be publicly posted on our Websites, including without limitation, other social media platforms and other public forums in which you choose to participate. This information may become publicly available and may be read, collected and used by others outside of our Websites. We Are Social is not responsible for the conduct of others who may read, collect and use this information.

                                                              Last updated 11 July 2019