This Privacy Policy details how The Jacky Winter Group (ABN 76 660 408 060) (referred to in this policy as “we”, “us” or “our”) uses, collects, stores, and discloses information supplied by you to us through your use of the Jacky Winter products and services, including our website located at www.jackywinter.com (referred to in this policy collectively, the “Services”).

This Privacy Policy details how we comply with the Privacy Act 1988 (Cth) (“Privacy Act”), the Australian Privacy Principles (“APPs”), and, to the extent that it applies, the EU General Data Protection Regulation 2016/679 (“GDPR”).

We may amend this Privacy Policy from time to time by posting an updated Privacy Policy on our website, and you acknowledge that we do not have any obligation to provide you with individual notice of such changes. Your continued use of the Services following the publication of any amended Privacy Policy will be taken as your acceptance of that amended Privacy Policy, except where we are otherwise required by law to seek your direct consent.

Please read this Privacy Policy carefully before using the Services. If you do not agree with any part of this Privacy Policy, please do not use the Services.

WHAT INFORMATION DO WE COLLECT?

This Privacy Policy covers all information collected by us via your use of the Services. The information we may collect from you can be broken down into the following types:

“Personal Information” means information that can be used to personally identify you such as your name, email address, postal address and phone number. We do not knowingly collect or process the Personal Information of anyone under the age of 18 without the express consent of their parent or guardian.

“Usage Information” means anonymous aggregate data that may be automatically collected through your use of the Services. This includes information that identifies your device, your operating system, your IP address, and dates and times that you access and use the Services. This information is used to resolve any technical issues that may arise, or for statistical analysis to help us to improve the Services.

The GDPR recognises that Usage Information, whilst for the most part anonymous, can be cumulatively used to directly or indirectly identify you. Usage Information that can be used to identify you in any way, together with your Personal Information, will collectively be referred to in this Privacy Policy as “Personal Data”.

HOW WE COLLECT YOUR INFORMATION

Personal Information may be collected directly from you when you:

• —•use or engage with our products or services;
• —•contact us via our website, phone or email;
• —•complete a survey or questionnaire provided by us;
• —•subscribe to our newletter;
• —•attend one of our events; or
• —•access, browse, use, or otherwise interact with our website.

It is your choice to provide Personal Information to us. Wherever it is lawful and practicable, you have the option not to identify yourself when interacting with us. Please be aware that it may be necessary for us to collect your Personal Information to enable us to provide the Services to you. As such, if you do not wish to provide your Personal Information, this may limit our ability to provide the Services to you.

We may collect Personal Data about you from sources other than you directly. Examples include where:

1. you have consented for a third party to share information with us (including by subscribing to a Mailing List hosted by us);
2. where we are authorised by law to collect the information from a third party;
3. where it is unreasonable or impracticable to collect the information from you personally.

If we collect your Personal Data from third parties in circumstances where you may not be aware that we have collected such Personal Data, we will take reasonable steps to notify you of the collection and circumstances surrounding the collection.

COOKIE POLICY

We may from time to time collect anonymous Usage Information from the Services, by utilising cookies, pixel tags and other tracking technologies (collectively “Cookies”). Cookies are small packets of data that are downloaded onto your device when you access a website. Cookies hold specific information that helps a website ‘remember’ your actions and preferences over time. These are the types of Cookies that we may use to operate our Services:

Strictly Necessary Cookies – these Cookies are essential to ensure that the Services work correctly, and record information that allows you to move around our applications and websites and navigate their features;

Performance Cookies – these Cookies collect information about how you use the Services, such as how often you access the Services and if you encounter any errors;

Functionality Cookies – these Cookies allow the Services to remember the choices you make to provide a more personalised experience;

Targeting/Advertising Cookies – these Cookies deliver targeted advertising to you based on your interests and use of the Services.

When you visit or log in to our website, cookies and similar technologies may be used by our online data partners or vendors to associate these activities with other personal information they or others have about you, including by association with your email or postal address. We (or service providers on our behalf) may then send communications and marketing to these email or postal addresses. You may opt out of receiving this advertising by visiting: https://app.retention.com/optout

Cookies can stay on your device temporarily (“Session Cookies”) or until you manually delete them (“Persistent Cookies”). You can adjust your browser settings at any time to block Cookies, however please note that doing so may limit our ability to provide the Services to you in a fully operational form.

To request a full list of the individual Cookies and tracking technologies we use, please email our Privacy Officer (per the details at the end of this Privacy Policy).

THIRD PARTY SITES

The Services may contain plug-ins and links to third party sites to enhance your user experience (“Third Party Sites”). We do not have access to, or control over, the technologies that third parties (including the Third Party Sites) may use to collect information about you. Please refer directly to the privacy policies and statements of the operator of any Third Party Sites to obtain information regarding their data collection, use, and disclosure policies. We disclaim all liability in connection with the services of any Third Party Sites integrated or otherwise linked to the Services, and we encourage you to reach out to them directly should you have any questions in connection with their services.

HOW WE USE YOUR INFORMATION

You agree that we may use your Personal Data for legitimate purposes including, but not limited to, the following:

• —•to confirm your identity;
• —•to provide our products and/or services to you;
• —•to respond to requests submitted by you;
• —•to maintain and improve the functionality of the Services;
• —•to prevent, detect and investigate potential illegal activities, security breaches and fraud;
• —•to comply with legal and regulatory requirements
• —•to contact you via email or other instant messaging platforms to provide you with periodical promotional messages about new products or other information which we think you may find interesting, only where you have opted in to receiving such communication and until you ‘opt out’.

For the avoidance of doubt, we will only use your Personal Data for purposes that you would reasonably expect us to use your Personal Data for in connection with providing the Services to you, or where we are required by law to collect your Personal Data.

We will retain your Personal Data for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. How long we retain your Personal Data depends on the type of data and the legitimate purpose for which we process and/or retain the data.

‘Opt Out’

We recognise your right under the Spam Act 2003 (Cth) and the GDPR to opt out from direct marketing, and as such these consents can be modified at any time by emailing our Privacy Officer or clicking unsubscribe on any direct marketing communications.

Please note certain non-marketing related correspondence from us, including messages relating to payment, will be automatically sent to you by virtue of your use of the Services and you may not have the option to unsubscribe from receiving this correspondence.

WHO WE DISCLOSE YOUR INFORMATION TO

You agree and consent to us disclosing your Personal Data to:

• —•our directors, officers, employees, consultants, contractors and agents;
• —•our Related Bodies Corporate (as that term is defined in the Corporation Act 2001 (Cth) or other entities owned and/or controlled by our directors and/or shareholders;
• —•potential investors and financiers;
• —•debt collection agencies and credit reporting bodies;
• —•external counsel for the purpose of obtaining professional advice;
• —•service providers with whom we have entered into an agreement with to help us provide the Services, including marketing agencies, financial service providers, and technical support;
• —•any third party with your express approval; and
• —•where we are required to disclose such information by law or to otherwise prevent harm.

We will take reasonable steps to ensure that these third parties are bound by Australian privacy laws.

You can withdraw your consent for us to share your Personal Data with third parties at any time by emailing our Privacy Officer (per the details at the end of this Privacy Policy), but please note that withdrawal of such consents may affect your ability to access and use the Services.

YOUR RIGHTS TO YOUR INFORMATION

You have a general right to access any Personal Information that is held about you by us, unless a valid exception applies. You can request this at any time by contacting our Privacy Officer. Please note that we cannot modify your Personal Information. You can modify your own information at any time in the Pencilbooth application or by emailing the Privacy Officer (per the details at the end of this Privacy Policy).

You acknowledge and agree that you remain solely responsible for maintaining the truth, accuracy, and completeness of your information at all times, and we shall have no liability to you or any third party arising from your failure to do the same.

In accordance with the GDPR, we acknowledge the additional rights of EU subjects to:

• —•have their data erased that is no longer being used for a legitimate purpose;
• —•request a copy of all Personal Data held about them in a readable format, along with supplementary information to verify that such Personal Data is being processed lawfully; and
• —•request restricted processing of their Personal Data whilst any complaints or concerns are being resolved.

To erase, request, or restrict processing of your Personal Data, please email the Privacy Officer (per the details at the end of this Privacy Policy).

SECURITY

We protect your Personal Data through technical security measures i.e. firewalls, encryption that limit the risk of loss, disclosure, or unauthorised access. No security measures are, however, 100% secure so we cannot guarantee the security of your information or data at any time. To the extent permitted by law, we accept no liability for any breach of security, or direct hacking of our security measures, or any unintentional disclosure, loss or misuse of any information or data, or for the actions of any third parties that may obtain any information or data.

Notwithstanding the above, we acknowledge our obligation to report any data breach that is likely to risk the rights and freedoms of natural persons to the Australian Information Commissioner and, where our data breach involves the information of EU subjects, report to the European Data Protection Supervisor. We will also inform you, where possible, if your data has been breached in the circumstance where it poses a risk of serious harm or your rights and freedoms.

We also train our personnel who may have access to your Personal Data about this Privacy Policy and our obligations under the Privacy Act, APPs, and GDPR. For more information on our internal policies, email the Privacy Officer (per the details at the end of this Privacy Policy).

OVERSEAS DISCLOSURE

We may, in the course of providing the services to you, transfer your Personal Data to overseas countries that are deemed by the EU Commission as having an ‘adequate’ level of Personal Data protection. Where we transfer data to a third party in a country where no adequacy decision has been made, we will take reasonable steps to ensure person or entity handling your data in those countries are bound under contract to meet the requirements of the Privacy Act, APPs, and GDPR (as applicable).

CONTACT

Thank you for taking the time to read our Privacy Policy. If you have any questions regarding our Privacy Policy, you can contact our Privacy Officer at:

The Jacky Winter Group (ABN 76 660 408 060)

Att: Privacy Officer

52 Budd Street

Collingwood

Victoria 3066

Email: privacy@jackywinter.com

If you are not satisfied with our handling of your Personal Data, or have any other concern over our Privacy Policy, then you may lodge a formal complaint with the Office of the Australian Information Commissioner (for more information, please see www.oaic.gov.au) or with the European Data Protection Supervisor (for more information, please see https://edps.europa.eu).