Privacy Policy

Welcome to Uplands (www.uplands.org.au) (the Platform), an initiative of Agency and the participating Aboriginal Art Centres across Australia.

We are committed to protecting the privacy and security of the Platform’s users.

PLEASE ENSURE THAT YOU READ THIS PLATFORM PRIVACY POLICY (“PRIVACY POLICY”) CAREFULLY AS IT APPLIES TO ALL PERSONAL INFORMATION COLLECTED BY US IN RELATION TO YOUR INTERACTION WITH THE PLATFORM.

Certain terms in this Privacy Policy start with capital letters. Unless the context provides otherwise, those words have the meaning given to them in the body of this Privacy Policy.

1. Acceptance of this Privacy Policy

1.1 The Platform is owned and operated by Agency Projects Limited (ABN 48 637 825 668) and Phoria Pty Ltd (ACN 169 885 796) (Agency and Phoria, we, our or us). We are committed to respecting your privacy in your interactions with the Platform. Collection of your personal information is in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles therein.

1.2 By accessing and/or using the Website, you agree to accept this Privacy Notice and the Platform Terms of Use (Terms), and agree that you have had sufficient opportunity to read and understand them (see the Platform for more details).

1.3 By providing personal information to us, you consent to our collection, use and disclosure of your personal information in accordance with this Privacy Policy. If you do not agree to this Privacy Policy or the Terms, you must cease using the Platform immediately.

1.4 We may update this Privacy Policy from time to time by publishing changes to it on the Platform. It is recommended that you check the Platform periodically to ensure that you are aware of our current Privacy Policy.

1.5 For the purposes of this Privacy Policy, “Personal information” means information about an identified individual, or an individual who is reasonably identifiable. For example, this may include your name, age, date of birth, gender, contact details and postcode. It may also include financial information, including your credit card information, or a photograph of you. Personal information does not include anonymous, aggregated or de-identified information or information about companies which do not identify individuals.

2. Personal information we collect

2.1 We collect personal information only where it is reasonably necessary to deliver the Platform and associated services to you or otherwise conduct our activities. We may collect the following types of personal information from you:

1. Personal details such as your name, address, email, mobile and telephone number;
2. Historical records of your communications and interactions with us and the Platform;
3. Information relating to you that you provide to us directly or indirectly through your contact with us or your use of the Platform;
4. Details or history of preferences, interests and behaviour in relation to communications, interactions and activities on the Platform;
5. Your IP address, web log and related domain, browser, computer and connection information, device ID, device type, geo-location information;
6. Statistics on your page views of the Platform and the sites you were visiting before you came to the Platform, traffic to and from and within the Platform, and ad data.

3. How we collect personal information

3.1 We may collect personal information from you in a variety of ways including:

1. Directly from you, including when you:
   1. Browse or interact with the Platform;
   2. Click on our banners, hyperlinks or plugins;
   3. Interact with us in postal, phone, email, electronic, mobile application or social media correspondence;
   4. Complete forms, surveys or questionnaires for us;
   5. Request information from us or have a conversation with our staff;
   6. Are online (see Cookies Policy in the Terms);
   7. As an Art Centre, register an account, log in and make changes to the Platform;
2. From third parties such as our related service providers; and
3. From publicly available sources of information.

4. How we use personal information

4.1 We collect, hold and use personal information in order to deliver the Platform, our services and to otherwise conduct our functions and activities.

4.2 We may use your personal information for different purposes, including;

1. To create Art Centre accounts;
2. To enable your access, interaction and use of the Platform;
3. To respond to your requests, questions and complaints, and provide you with information and technical support;
4. To gain an understanding of your information to develop, operate and improve the Platform and our services (including our related service providers);
5. To improve your experience and interaction with us and the Platform, including by performing analytics, conducting research and marketing and advertising;
6. To carry out administration, marketing, planning, fraud and loss prevention activities, development, quality control and research to improve the way we and our related service providers provide the Platform and services to you;
7. To administer forms, surveys and questionnaires;
8. To promote and provide you with details of updates, activities, events, promotional material and other information relevant to the Platform;
   1. To comply with laws and regulations or to comply with any directions given by regulators or authorities.

5. When we disclose personal information

5.1 We do not routinely disclose personal information to third parties, but may disclose your personal information where:

1. you have given your consent;
2. the use or disclosure is directly related to the primary purpose of collection, for example, it is necessary to provide you with information you have requested about the Platform or our services;
3. the use or disclosure is for secondary purposes that you would reasonably expect and is related (or in the case of sensitive information, directly related) to the primary purpose of collection;
4. it is necessary for the maintenance of an Art Centre account;
5. it will assist us in providing activities or services you have requested;
6. we wish to conduct market research and marketing strategy analysis;
7. it is necessary to manage, maintain or develop the Platform or our services;
8. it is a requirement of our funders, partners or service providers to fulfil their services to us, in which case only basic personal information will be shared to the extent necessary;
9. the use or disclosure is otherwise required or permitted by law, regulations or professional standards.

5.2 We may also share non-personal, de-identified and aggregated information for funding, research or promotional purposes, or to administer and improve the Platform or our services.

6. Who we disclose personal information to

6.1 We may disclose personal information for the purposes described in this Privacy Policy to:

1. our officers, employees, contractors, agents and related bodies corporate;
2. third party suppliers and related service providers, including providers for the operation of the Platform, our business or in connection with providing or marketing our activities and services to you;
3. our funders, partners or affiliates;
4. specific third parties authorised by you to receive information held by us;
5. those authorities for which the disclosure is required by law.

6.2 The Website is housed in Australia. However, we may disclose personal information outside of Australia, including to third party suppliers and related service providers located in places such as Sunnyvale, California & Phoenix, Arizona and other countries or jurisdictions depending on the nature of the services those recipients provide to us (for example, storing data via a cloud service or similar).

6.3 We will take all reasonable steps to ensure that any overseas recipient deals with your personal information in a way that is consistent with Australia’s privacy laws.

7. Direct marketing

7.1 We and our related service providers, partners and affiliates may send you direct marketing communications and information about the Platform or our services. This may take the form of emails, SMS, mail or other forms of communication, in accordance with the Spam Act 2003 (Cth) and the Privacy Act 1988 (Cth).

7.2 You may elect not to receive marketing materials from us by contacting us or using the opt-out facilities provided (e.g. an unsubscribe link).

8. Links

8.1 The Platform does contain links to products and services, websites, applications and embedded content owned and operated by the Art Centres and our, or their, related service providers and other third parties that may not be governed by this Privacy Policy or the Privacy Act 1988 (Cth).

8.2 We in no way endorse those linked sites or content and are in no way responsible for the privacy practices or policies of, or any content on, those sites.

8.3 We recommend you review the privacy policy of each third-party site you choose to link to from the Platform to determine their use of any data collected from you, especially if you intend to disclose any personal information via that site.

9. Security and Accuracy

9.1 We will take such steps as are reasonable in the circumstances:

1. to protect your personal information however held, from misuse, interference and loss, as well as unauthorised access, modification or disclosure; and
2. to ensure personal information we collect, use or disclose is accurate, up-to-date and complete for the purpose for which it is collected, but make no warranties about the accuracy of personal information.

10. Access and corrections of personal information

10.1 You may ask us in writing to provide you with details of the personal information we have collected and which is held by us. We will provide you with this information where reasonable and practicable to do so, and in accordance with Australian or other relevant privacy laws.

10.2 You may request correction to the personal information we hold about you. We will take such steps as are reasonable in the circumstances to correct your personal information as requested to ensure it is accurate, up-to-date and complete.

11. European Union General Data Protection Regulation Terms

11.1 If you are a European resident, we may be subject to the General Data Protection Regulation (GDPR)[1] and we commit to the use and processing of your data in accordance with this clause 11.

11.2 For the purposes of this clause, we are a processor of information relating to an identified or identifiable natural person (personal data), and our third-party service providers act as sub-processors of personal data.

11.3 You have the right to access personal information about you held by us. You may also ask that your personal information be corrected, updated or deleted. If you would like to exercise this right, please contact us through the contact information below.

11.4 Subject to the other terms of this Privacy Policy, we make the following commitments to the protection of your personal data in line with the GDPR:

1. we will not engage another processor of your personal data without your prior specific or general written authorisation, except pursuant to clause 11.2;
2. we will inform you of any intended changes to this policy concerning the processing of your personal data under this clause 11 before they are made in the form of publication on our websites or on the Platform so that you may object to such changes;
3. we will ensure that all persons authorised to process your personal data, for example our employees, are under an appropriate obligation of confidentiality;
4. we will implement appropriate technical and organisational measures to ensure a level of security of your personal data appropriate to the risks that are presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data transmitted, stored or otherwise processed; and
5. we will notify you without undue delay and where reasonably possible if we, or our third-party service providers become aware of a personal data breach.

12. Making a complaint about breach of privacy

12.1 If you think we have breached the Australian Privacy Principles or Privacy Act 1988 (Cth) or you wish to make a complaint about the way we have handled your personal information, you can contact us by using the details set out in the ‘Contact Us’ section below. Please include your name, email address and telephone number and clearly describe your complaint. We will ensure that complaints regarding alleged breaches of privacy are investigated swiftly.

12.2 If you would like further information about privacy and the protection of your personal information, or if you feel we have not resolved your complaint satisfactorily, you can contact the Office of the Australian Information Commissioner at www.oaic.gov.au.

13. Governing law and data storage

13.1 The handling of personal information is in accordance with the Australian Privacy Act 1988 (Cth). Your use of the Platform is governed by the laws of Victoria, Australia, and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.

13.2 You should be aware that when you submit your personal information to us through the Platform, your information will be deemed to be sent to us from Australia. Therefore, your information may be stored in a country that has different privacy laws than your home country, and you should be aware that your information will be handled in accordance with the laws of Australia.

13.3 By providing any personal information to us through the Platform, all users, including without limitation users in the United States of America and the member states of the United Kingdom, fully understand and unambiguously consent to the submission, collection and processing of such information in Australia.

14. Contact us

14.1 For further information about our Privacy Policy, or to access or correct your personal information or make a complaint, please contact us via the Platform (www.uplands.org.au) or contact:

Agency Projects Limited
info@agencyprojects.org

Or

Phoria
hello@phoria.com.au