Emotive Pty Ltd (Emotive) is a specialist creative and content agency, powered by emotion. At Emotive, we believe audiences deserve to be entertained, not interrupted. We combine the smart strategy with big ides to emotionally connect with audiences at scale.
Emotive respects your right to privacy. We are sensitive to the concerns that our clients, customers and online users may have with regards to the confidentiality, security and use of their personal information, and would like to reassure you of our position on this matter.
Emotive is committed to implementing practices, procedures and systems that ensure we comply with the Privacy Act 1988 (Privacy Act) and the Australian Privacy Principles (APP).
About This Policy
Under the Privacy Act, ‘personal information’ is generally any information or opinions that identify you personally.
(1.a) the kinds of personal information we collect and how we collect it;
(1.b) our reasons for collecting, holding, using and disclosing personal information;
(1.c) how you may access your personal information held by us and have it corrected;
(1.d) how you may complain about the way we deal with your personal information, and how we will deal with you complain; and
(1.e) whether we will disclose your personal information to overseas recipients, and if so the likely location(s) of those recipients.
Kinds Of Information We Collect And How We Collect It
The kind of information we collect and hold depends on your dealings with us. Generally, we collect personal information directly from you when you provide it to us (for example by telephone or online). In some circumstances we may also collect personal information indirectly including from our contractors, suppliers and other service provides or from publicly available sources. We will only do this where permitted by law.
We also collect personal information in the normal course of business including names, addresses, phone numbers, and email addresses. This information is collected through meetings, phone calls, letters, fax, email, as well as commercial agreements, documents and dealings. This information is subject to the APPs and is only used for the purpose for which it was provided. Generally this is limited to the transaction of general business.
Competition and Promotions
To participate in competitions or register for various other online or promotional activities we may collect information including your:
residential and/or email addresses;
date of birth;
We may also for identification purposes such as before awarding prizes require copies of identification documents, such as:
birth certificate; and/ or
Why We Collect Personal Information
Our main reasons for collecting your personal information
(a) To identify you.
(b) To manage, administer and control the quality of the products and services we provide to you.
(c) To market our products and services to you.
(d) To comply with our legal obligations.
Our other reasons for collecting, holding, using and disclosing your personal information
(a) To conduct promotions and competitions.
(b) To develop and improve our products and services.
(c) To assist you with enquiries or complaints.
(d) To allow our related bodies corporate to market their products and services to you.
Related Bodies Corporate
We may share information about you with Related Bodies Corporate so we can provide you with the products and services you request and bring you information about products and services they offer.
Companies who provide services to us
In some cases we contract with other companies or individuals to provide services to us. Examples of these may include deliveries, market research, public relations, debt collection agencies, legal advisors, auditors etc. We provide them only with such information about you as they need to perform their services and we impose strict requirements of security and confidentiality on them in how they handle your personal information. We make it very clear that they are not permitted to use information about you for any other purpose except to perform the services we have asked them to provide.
How We Hold Your Personal Information
Emotive takes reasonable precautions to protect the personal information it holds from:
misuse, interference and loss; and
unauthorised access, modification or disclosure
These include: protection of passwords using industry standard encryption, measures to preserve system security and prevent unauthorised access, and back-up systems to prevent accidental or malicious loss of data. Documents verifying your identity will be stored in a secure database with limited access requiring a password or other unique identifier.
We may use third party providers to store personal information electronically. We take reasonable steps to ensure this information is held as securely as information stored on our own equipment.
Unfortunately we cannot remove all risks involved in sending information through any channel over the Internet. You send information over the Internet entirely at your own risk.
All personal information will be de-identified where possible.
Accidental or Unauthorised Use or Disclosure
In the event of accidental or unauthorised use or disclosure of personal information we shall take prompt action to remedy such breach and shall notify the individual and the Privacy Commissioner as required under the Privacy Act.
Our staff are trained in dealing with data breaches and we have in place a formal Data Breach Response Plan.
External service providers contracted by Emotive are bound to comply with the requirements of the Privacy Act in relation to notification of data breaches.
How Can I Access And Correct My Personal Information
We will take reasonable steps to ensure the personal information we hold about you is accurate, up-to-date and complete. Please let us know if there’s a change to any of the details you have provided to us.
You have a right to ask for access to the personal information we hold about you.
Your personal information will usually be available within 30 days of your request. If there is a fee for accessing your personal information, we will confirm the amount before providing the information.
In some circumstances we may not be able to grant you access to your personal information (for example, if the release of your personal information would have an unreasonable impact on the privacy of others). Please see the APPs for further information.
You have a right to ask us to correct the personal information we hold about you.
It is not always possible to remove or modify information in our databases, but we will take reasonable steps to correct your personal information so it is accurate, up-to-date, complete, relevant and not misleading.
If we decline to make a correction, you may request us to attach to your personal information a statement that it is inaccurate, out-of-date, incomplete, irrelevant or misleading.
If we disclosed the information to a third party before correcting it, you may request us to notify the third party of the correction we’ve made.
We will not charge you to request a correction, or for making a correction or attaching a statement.
If you have a concern about how we have handled your personal information, please let us know so we can fix the problem.
To lodge a formal complaint, please send details to the Privacy Officer in writing. We will respond within a reasonable time – usually 30 days.
If your complaint is not resolved by our Privacy Officer you can refer it to the Office of the Australian Information Commissioner. The contact details are:
Office of the Australian Information Commissioner
GPO Box 2999
Canberra ACT 2601, Australia
Phone: 1300 363 992
Fax: 02 9284 9666
On occasion, Emotive may disclose personal information to recipients in New Zealand and the United States and potentially other territories from time to time. Emotive will not do so unless:
1. Emotive has taken reasonable steps to ensure that the information which it has transferred will not be collected, held, used or disclosed by the recipient of the information inconsistently with the APPs; or
2. Emotive reasonably believes that the recipient of the information is subject to a law or binding scheme which has the effect of protecting the information in a way that is substantially similar to the APPs and that there are mechanisms that the individual can access to enforce that protection; or
3. the individual concerned consents to the disclosure after being expressly informed that the overseas recipient is not bound to protect the personal information in accordance with the APPs or any substantially similar regime; or
4. the disclosure is required or authorised by Australian law; or
5. a “permitted general situation” exists. That is, the disclosure is necessary:
1. to lessen or prevent a serious threat to life, health or safety;
2. to take appropriate action in relation to suspected unlawful activity or serious misconduct;
3. to locate a person reported as missing;
4. for a diplomatic or consular function or activity; or
5. for certain Defence Force activities outside Australia;
6. the disclosure is required or authorised under an international agreement relating to information sharing; or
7. the disclosure is required for an enforcement related activity.
We won’t collect sensitive information, such as your:
racial or ethnic origins;
religious or philosophical beliefs;
sexual preferences or practices;
criminal records; or
you consent; or
it is required or authorised by law.
How Long Can Emotive Keep My Personal Information?
no longer needs to use or disclose your personal information for any purpose that is authorised under the APPs; and
is not legally required to retain that information,
then it will take reasonable steps to destroy the personal information or ensure it is de-identified.
The Privacy Officer
Emotive Pty Ltd
8 Kenneth Street
Tamarama, NSW, 2026