Introduction

Vibrant Photography Pty Ltd, Coloured Smoke Australia and Diffusion-fx subsidiaries (“d-fx”) recognise that your personal information is important to you and that you are concerned with its collection, use and disclosure. d-fx, like other companies operating in Australia, is bound by the National Privacy Principles as set out in the Privacy Act 1988 (Cth) which set clear standards regarding these activities.

    This policy contains information about:
  • the purposes for which d-fx collects, holds, uses and discloses personal information;
  • the types of personal information that d-fx collects;
  • how d-fx collects and holds personal information;
  • how you may access the personal information that d-fx holds about you, and how you may seek correction of that personal information; and
  • how you may complain about a breach of the Australian Privacy Principles by d-fx and how d-fx will deal with such a complaint.

We may also use your personal information for other purposes related to those described above which would be reasonably expected by you.

Why does d-fx collect, hold, use and disclose personal information?

    d-fx collects, holds, uses and discloses personal information for a number of purposes connected with our business operations, which include:

  • providing you with products requested;
  • dealing with requests, enquiries, complaints, consumer guarantee or warranty claims, and other customer care related activities;
  • marketing our products and services and providing advice on our products;
  • developing and improving our products;
  • in connection with our loyalty or reward programmes and competitions;
  • payment processing;
  • carrying out certain checks (for example, for our fraud or theft prevention processes, if you wish to open an account with us, obtain credit from us or the local pick-up of goods in-person that have been ordered online);
  • interacting with companies or organisations with whom d-fx has a business relationship (where you work for, or otherwise represent, such an organisation);
  • carrying out any activity in connection with a legal, governmental or regulatory requirement that we have to comply with, or in connection with legal proceedings, crime or fraud prevention, detection or prosecution.

We may also use and disclose your personal information for other purposes related to those described above which would be reasonably expected by you.

Documents (including hard copy documents and electronic documents such as emails) which coincidentally contain personal information will also be retained in accordance with d-fx’s normal document retention practices for accounting, legal and business purposes.

Generally, you have no obligation to provide any personal information requested by us. However, if you choose not to do so where we require this information, we are unlikely to be able to provide you with the goods that you want.

What personal information does d-fx collect?

    The kinds of personal information we collect or which we may hold about you may include:

  • your name;
  • your address;
  • your date of birth;
  • your telephone number(s);
  • your e-mail address;
  • payment information;
  • transaction information;
  • your user name and password;
  • information contained on identification documents (such as driving licences) and, in some specific cases, copies of such identification documents, where we require these to verify your identity;
  • information on how you use our products
  • your Internet Protocol (“IP”) address, server address, domain name and information on your browsing activity when visiting one of our websites;
  • your user name for social networking sites that you use, to refer to, or in conjunction with, our goods; and
  • personal preferences regarding products and services.

How does d-fx collect and hold your personal information?

    We collect personal information in a number of ways including:

  • when you order goods from us (either online, in-person or over the telephone);
  • when you set up an account with us;
  • when you subscribe to our Email Mailing list;
  • when you enter competitions or promotions that we run;
  • when you provide us your details for customer care purposes;
  • when you browse our website
  • when you submit an enquiry using our website;
  • when you complete surveys or provide online feedback or product reviews; and
  • when you publicly comment about us on social media sites (for example so that we can answer questions about our products).

Generally, d-fx will collect your personal information directly from you. However, d-fx also holds information, collected incidentally, concerning individuals who work for companies or organisations that have a business relationship with d-fx. Additionally, if you apply for a job with d-fx, we may collect personal information about you from any third parties that you nominate as your referees in your application.

    • d-fx
    holds personal information in a number of ways, including:

  • as part of customer records and other electronic documents on which personal information is contained which are stored on our information technology systems and servers operated by third parties who provide services to us in connection with our business; and
  • by securely storing hard copy documents on which personal information is contained, at our premises and using third party document management and archiving services.

Marketing

When you create an account with us your details will be added to our marketing database to receive information relating to d-fx and our products. You may also choose to receive such information by subscribing to our marketing database via one of our websites.

To opt-out of receiving d-fx marketing materials, you will need to unsubscribe from our marketing database. To do this, simply select the “unsubscribe” option in one of the emails that you receive from us. Please note that if you have an account with d-fx, we may still need to send you essential information about your account.

Sharing your personal information

    • d-fx may disclose or receive personal information or documents about you to / from:
  • organisations that provide services to us in connection with our business, including customer support, payment processing, administration, archival, data storage, hosting, research, mail and delivery, logistics, marketing, auditing, share registry, consulting, financial and legal advisory, banking, debt collection,
  • law enforcement agencies to assist in the prevention, investigation and prosecution of criminal activities;
  • parties involved in any third party acquisition or potential acquisition of an interest in d-fx or its assets;
  • our insurers and insurance brokers; and
  • to other third parties where you have specifically consented to the disclosure of information to these third parties.

Disclosure of personal information to overseas recipients

d-fx is likely to disclose the personal information that it collects and holds about you to third parties who are not in Australia (such as third parties who are located in the United States of America, Singapore, the United Kingdom, Holland and New Zealand).

Personal information collected on behalf of other parties

    d-fx may collect information about you on behalf of third parties. For example:

  • Paypal

In these cases the documentation that you sign will set out how the personal information that you provide will be used by these third parties and the privacy policies of the third parties will apply. d-fx may also receive personal information or documents about you from these third parties where necessary in connection with the provision of goods by d-fx.

Security of your personal information

We will take reasonable steps to ensure that the personal information that we hold is stored in a secure environment protected from misuse, interference and loss and any unauthorised access, modification or disclosure.

How to access, correct and update your personal information

Upon your request, d-fx will provide access to your personal information that we hold (except in certain circumstances set out in the Privacy Act 1988 (Cth)). d-fx reserves the right to charge you an administration fee of $25 for providing access to your personal information and will, of course, require some proof of your identify before providing information to you.

You may also request us to correct the personal information that d-fx holds about you. If you do so and we are satisfied that, having regard to a purpose for which the information is held, the information is inaccurate, out-of-date, incomplete, irrelevant or misleading, d-fx will take such steps as are reasonable in the circumstances to correct your personal information to ensure that, having regarding to the purpose for which it is held, the information is accurate, up-to-date, complete, relevant and not misleading.

To request access to the personal information that d-fx holds about you, or to update or correct that personal information, please send a written request to The Privacy Officer, Diffusion-fx, either by email to info@diffusion-fx.com.au or by pre-paid post to PO Box 397, GYMEA, NSW, Australia.

    In addition:

  • if you are a subscriber to our marketing database you can also update your details via the “modify your subscription” option in one of the emails that you receive from us;

How to make a complaint

If you are concerned that the way d-fx collects, holds, uses or discloses your personal information may be in breach of the Australian Privacy Principles, please send written details of your complaint to The Privacy Officer, Diffusion-fx, either by email to info@diffusion-fx.com.au or by pre-paid post to PO Box 397, GYMEA, NSW, Australia.

How d-fx will handle complaints

After receiving a complaint, we will consider whether we need any further information from you to properly consider and investigate the complaint, and may request such information from you. We will then:

  • conduct internal discussions with the relevant business units involved in the collection, holding, use or disclosure of your personal information which is the subject of your complaint, and evaluate whether we believe that such collection, holding, use or disclosure of your personal information was in breach of the Australian Privacy Principles; and
  • notify you of the results of our investigation of your complaint.

If the conclusion of our investigation is that our collection, holding, use or disclosure of your personal information was in breach of the Australian Privacy Principles, we will take steps to remedy the breach as soon as reasonably practicable.

We will endeavour to notify you of the results of our investigation of your complaint within 30 days of receiving your complaint. However, if your complaint involves complex matters or requires extensive investigation and consultation, it may not be possible to respond within this timeframe.

If you are not satisfied with our response to your complaint you are entitled under the Privacy Act 1988 (Cth) to make a complaint to the Office of the Australian Information Commissioner. Information about how to make a complaint is available from the Office of the Australian Information Commissioner’s website (www.oaic.gov.au).

Additional information for users of our websites

If you visit www.diffusion-fx.com.au, www.diffusion-fx.com, www.atmosphereaerosol.com.au, www.smokeinacan.com or any other d-fx websites (the “Websites”) to read, browse or download information, our system may record information such as the date and time of your visit to the Website, the pages accessed and any information downloaded. This information is used (i) for statistical and reporting purposes; (ii) for website administration, security and maintenance purposes; and (iii) to direct you to material on our Websites that we believe will be of interest to you.

Like many websites, our Website may use “cookies” from time to time. Cookies are small text files that we transfer to your computer’s hard drive through your web browser to enable our systems to recognise your browser and your log-in status. Cookies may also be used to record non-personal information such as the date, time or duration of your visit, or the pages accessed, for website administration, statistical and maintenance purposes. Any such information will be aggregated and not linked to particular individuals. The default settings of browsers like Internet Explorer usually allow cookies, but users can easily erase cookies from their hard-drive, block all cookies, or receive a warning before a cookie is stored. Please note that some parts of the Website may not function fully for users that disallow cookies.

While we take great care to protect your personal information on our Website and use state-of-the-art data transmission encryption, unfortunately no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, we cannot ensure or warrant the security of any information that you send to us or receive from us online. This is particularly true for information you send to us via email. We have no way of protecting that information until it reaches us. Once we receive your transmission, we use our best efforts to ensure its security in our possession.

The Websites may contain links/ plug-ins to other sites. We are not responsible for content of, or the privacy practices or policies of, those sites.

Exemptions

d-fx sometimes handles personal information relying on exemptions under the Privacy Act 1988 (Cth), for example in relation to (i) employee records; (ii) related bodies corporate; (iii) provision of services to State or Territory authorities; and (iv) operations outside Australia relating to personal information of non-Australians.

Any permitted handling of personal information under such exemptions will take priority over this Privacy Policy to the extent of any inconsistency.

Privacy Queries

If you have any queries or concerns, further information can be obtained by contacting The Privacy Officer, Diffusion-fx, either by email to info@diffusion-fx.com.au or by pre-paid post to PO Box 397, GYMEA, NSW, Australia.

Vibrant Photography Pty Ltd trading as Diffusion-fx (ABN PENDING)
Version 1 – Date of Publication 17 May 2017

How to make a complaint

If you are concerned that the way d-fx collects, holds, uses or discloses your Application Documentation Information may be in breach of Division 3 of Part IIIA of the Privacy Act 1988 (Cth) or the registered Credit Reporting Privacy Code, please send written details of your complaint to The Privacy Officer, Diffusion-fx, either by email to info@diffusion-fx.com.au or by pre-paid post to PO Box 397, GYMEA, NSW, Australia.

How d-fx will handle complaints

After receiving a complaint, we will consider whether we need any further information from you to properly consider and investigate the complaint, and may request such information from you. We will then:

  • conduct internal discussions with the relevant business units involved in the collection, holding, use or disclosure of your Application Documentation Information which is the subject of your complaint, and evaluate whether we believe that such collection, holding, use or disclosure of your Application Documentation Information was in breach of Division 3 of Part IIIA of the Privacy Act 1988 (Cth) or the registered Credit Reporting Privacy Code; and
  • notify you of the results of our investigation of your complaint.

If the conclusion of our investigation is that our collection, holding, use or disclosure of your Application Documentation Information was in breach of Division 3 of Part IIIA of the Privacy Act 1988 (Cth) or the registered Credit Reporting Privacy Code, we will take steps to remedy the breach as soon as reasonably practicable.

We will endeavour to notify you of the results of our investigation of your complaint within 30 days of receiving your complaint. However, if your complaint involves complex matters or requires extensive investigation and consultation, it may not be possible to respond within this timeframe. In these circumstances, we will seek your agreement to a longer period for us to respond to your complaint.

If you are not satisfied with our response to your complaint you are entitled under Part V of the Privacy Act 1988 (Cth) to make a complaint to the Office of the Australian Information Commissioner. Information about how to make a complaint is available from the Office of the Australian Information Commissioner’s website (www.oaic.gov.au).