This Policy was last reviewed and updated on: 15 February 2023
Guts Creative (we, us, our) values and respects the privacy of the people we deal with. Guts Creative is committed to protecting your privacy and complying with the Privacy Act 1988 (Cth) (Privacy Act) and other applicable privacy laws and regulations.
“Personal information” means any information or opinion, whether true or not, and whether recorded in a material form or not, about an identified individual or an individual who is reasonably identifiable. In general terms, this includes information or an opinion that personally identifies you either directly (e.g. your name) or indirectly.
What personal information do we collect?
The personal information we collect about you depends on the nature of your dealings with us or what you choose to share with us.
The personal information we collect about you may include:
• mailing or street address or geographical location;
• date of birth;
• email address;
• phone number;
• titles and qualifications;
• your thoughts and opinions about a particular subject matter;
• photographs or video recordings.
Under certain circumstances, Guts Creative may need to collect sensitive or personal information about you and your background. If we collect your sensitive information, we will do so only with your consent. We will take appropriate measures to protect the security of this information, unless it is necessary to share this information with appropriate authorities in order to prevent a serious and imminent threat to life or health, or as otherwise required or authorised by law.
You do not have to provide us with your personal information. Where possible, we will give you the option to interact with us anonymously or by using a pseudonym. However, if you choose to deal with us in this way or choose not to provide us with your personal information, we may not be able to provide you with our services or otherwise interact with you.How do we collect your personal information?
We may collect your personal information directly from you when you:
• interact with us over the phone or video call;
• interact with us in person;
• interact with us online or via email;
• participate in surveys, questionnaires, focus group discussions, personal interviews or other research methods;
• attend a Guts Creative event;
• subscribe to our mailing list or follow us on our social channels;
• apply for a position with us as an employee, contractor or volunteer.Collecting personal information from third parties
We may also collect your personal information from third parties or through publicly available sources. We collect your personal information from these third parties so that it can inform the brand and marketing strategies that we formulate for our clients.How do we use your personal information?
We use personal information for many purposes in connection with our functions and activities, including the following purposes:
• provide you with information or services that you request from us;
• deliver to you a more personalised experience and service offering;
• improve the quality of the services we offer;
• internal administrative purposes;
• marketing and research purposes.Disclosure of personal information
Guts Creative does not routinely disclose personal information to other organisations unless:
• use or disclosure is permitted by this policy;
• we believe it is necessary to do so in connection with a product or service we are providing (or, in the case of a partner, employee or contractor of Guts Creative, it is necessary for maintaining or related to your role at Guts Creative);
• to protect the rights, property or personal safety of any member of the public or a customer of Guts Creative or the interests of Guts Creative;
• you give your consent; or
• such disclosure is otherwise required or permitted by law, regulation, rule or professional standard.
We may also share non-personal or de-identified information for research or promotional purposes. We do not sell personal information to third parties.
We may disclose your personal information to third parties in accordance with this Policy in circumstances where you would reasonably expect us to disclose your information. For example, we may disclose your personal information to:
• our third party service providers (for example, our IT providers);
• our marketing providers;
• our professional services advisors.Transfer of personal information overseas
Some of the third-party service providers we disclose personal information to may be based in or have servers located outside of Australia.
Where we disclose your personal information to third parties overseas, we will take reasonable steps to ensure that data security and appropriate privacy practices are maintained. We will only disclose to overseas third parties if:
• you have given us your consent to disclose personal information to that third party; or
• we reasonably believe that:
• the overseas recipient is subject to a law or binding scheme that is, overall, substantially similar to the Australian Privacy Principles; and
• the law or binding scheme can be enforced; or the disclosure is required or authorised by an Australian law or court / tribunal order.How do we protect your personal information?
Guts Creative will take reasonable steps to ensure that the personal information that we hold about you is kept confidential and secure, including by:
• having a robust physical security of our premises and databases / records;
• taking measures to restrict access to only personnel who need that personal information to effectively provide services to you;
• having technological measures in place to safeguard your data (for example, anti-virus software, fire walls, two factor authentication).Online activity
Our website uses Google Analytics to help us better understand visitor traffic, so we can improve our services. Although this data is mostly anonymous, it is possible that under certain circumstances, we may connect it to you.
We may send you direct marketing communications and information about our services, opportunities, or events that we consider may be of interest to you if you have requested or consented to receive such communications. These communications may be sent in various forms, including mail, SMS, and email, in accordance with applicable marketing laws, such as the Australian Spam Act 2003 (Cth). You consent to us sending you those direct marketing communications by any of those methods. If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so.
You may opt-out of receiving marketing communications from us at any time by following the instructions to “unsubscribe'' set out in the relevant communication or contacting us using the details set out in the “How to contact us” section below.
In addition, we may also use your personal information or disclose your personal information to third parties for the purposes of advertising, including online behavioural advertising, website personalisation, and to provide targeted or retargeted advertising content to you (including through third party websites).
Retention of personal information
We will not keep your personal information for longer than we need to. In most cases, this means that we will only retain your personal information for the duration of your relationship with us unless we are required to retain your personal information to comply with applicable laws, for example record-keeping obligations.How to access and correct your personal information
Guts Creative will endeavour to keep your personal information accurate, complete and up to date.
If you wish to make a request to access and / or correct the personal information we hold about you, you should make a request by contacting us and we will usually respond within 7 days.
The Guts Creative website may contain links to websites operated by third parties. If you access a third-party website through our website, personal information may be collected by that third party website. We make no representations or warranties in relation to the privacy practices of any third-party provider or website and we are not responsible for the privacy policies or the content of any third-party provider or website. Third party providers / websites are responsible for informing you about their own privacy practices and we encourage you to read their privacy policies.
Inquiries and complaints
For complaints about how Guts Creative handles, processes or manages your personal information, please contact Kara Sullivan at the email below. Note we may require proof of your identity and full details of your request before we can process your complaint.
Please allow up to 7 days for Guts Creative to respond to your complaint. It will not always be possible to resolve a complaint to everyone’s satisfaction. If you are not satisfied with Guts Creative’s response to a complaint, you have the right to contact the Office of Australian Information Commissioner (at www.oaic.gov.au) to lodge a complaint.How to contact us
If you have a question or concern in relation to our handling of your personal information or this Policy, you can contact us for assistance as follows:
Email [email protected]
Attention: Kara Sullivan, Guts Creative, 152-160 Hunter Street, Newcastle NSW 2300.