The WorksSydney Pty Ltd (ABN 36 102 213 794), The WorksMelbourne Agency Pty Ltd (ABN 120 388 436) and its operating subsidiaries (together, The Works or We/we or Our/our or Us/us) is committed to respecting the privacy of your personal information.

This Privacy Policy explains our policy for dealing with personal information that we collect through the following channels (here and after, the Collection Channels):

• our online properties (here and after, each a “Website”), including:
  • our websites, including, but not limited to http://www.theworksagency.com.au;
  • any related The Works or client website, social media page, internal website, intranet and any The Works or client mobile or tablet applications;
• personal information provided to us by our clients, customers and service providers and personal information collected by us on behalf of our clients and customers as a result of the provision of professional services to our clients and customers; and
• any other means through which an individual provides personal information to The Works and its clients, including either physically or electronically.

You may contact us with any queries you may have in respect of this Privacy Policy or your personal information by contacting The Works’ privacy officer via email: info@theworksagency.com.au or telephone: +61 2 9493 6550.

Personal information is important to The Works

1. The Works is committed to safeguarding personal privacy. It recognises that you have a right to control how your personal information is collected and used. Providing personal information is an act of trust and it is taken seriously. Unless given consent to do otherwise, The Works will only collect and use personal information as set out below.
2. Throughout this Privacy Policy, we refer to your ‘personal information’, which means information or an opinion about an identified individual, or an individual who is reasonably identifiable whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not. Your full name, gender, date of birth, home address, home telephone number, mobile telephone number, email address and workplace contact details are examples of information which may constitute personal information. Personal information may also include information we may collect about your individual preferences.
3. The Works has developed and implemented its Privacy Policy with respect to personal information to reflect world best practice on privacy policies. These principles meet and exceed the requirements of the Privacy Act 1988 (Cth) (as amended) and the 13 Australian Privacy Principles.
4. In order to keep up with changing legislation and best practice, we may revise this Privacy Policy at any time without notice. We will post any changes to this Privacy Policy on our Websites, so we encourage you to check this Privacy Policy from time to time.
5. In addition to the provisions of this Privacy Policy, there may also be specific and additional privacy and consent provisions that apply to certain Collection Channels. Because those specific and additional provisions also relate to your privacy protection, we recommend that you review them wherever they appear. In the event of any inconsistency between the provisions of this Privacy Policy and those other specific and additional provisions, the specific and additional provisions will prevail.

Anonymity and pseudonymity

6. Where practicable, we will allow you to deal with us on an anonymous or pseudonymous basis. If this is practicable, our Collection Channels will seek information in this way. However, where it is not practicable for the purposes for which information is collected, we will seek the information identified below.

Kinds of Personal Information that The Works Collects and Holds

7. Personal information that may be requested or collected by us includes:

1. 1. contact information such as your full name, date of birth, telephone number, mobile telephone number, current and valid email address, residential address and postcode;
   2. more detailed contact preferences;
   3. social media account usernames and information published on your social media accounts;
   4. information regarding your personal and professional interests and your networks;
   5. information regarding your relationship history with The Works and its clients;
   6. information about your employment history and future plans, and documents relating to your employment;
   7. information about your education and qualifications, skills and experience;
   8. enquiry and complaint details;
   9. financial information including bank account details;
   10. information about your experience with our products or services or third party products or services listed on a Website. .This information is requested in order to tailor our subsequent communications to you and continuously improve our products and services;
   11. the contact details of third parties. If you are asked to provide details about other people, please ensure that these individuals are happy for their details to be given to The Works and used for the purposes set out in this policy (which may include using their details for marketing purposes);
   12. any other personal information which you directly provide to The Works. Where you provide us with such unsolicited personal information, we will retain this information where it falls within our primary purposes for collection of personal information (as stated in this Privacy Policy); and
   13. any other personal information requested or required by a Collection Channel.

Sensitive Information

8. We will only collect sensitive information with your consent. Where you or a third party provides us with any sensitive information (including, but not limited to, information about your racial or ethnic origin, religious affiliation, political opinions, sexual orientation and/or criminal or medical history) we will only use this information for the purposes stated on the Collection Channel.

How The Works Collects and Holds Personal Information

9. The Works will only collect or monitor any personal information about you with your consent including as provided in this Privacy Policy or if it is otherwise lawful to do so. The only personal information collected by us is what has been collected or by provided to us in accordance with this Privacy Policy or has been provided to us lawfully by third parties, including our clients, customers and service providers.

Active Information Collection

10. Personal information may be collected (and combined) via our Collection Channels if you:
    1. have previously provided us with personal information prior to this Privacy Policy coming into effect, either directly from you personally or via a third party, including our clients;
    2. sign-up and/or register to become a member of any Collection Channel, or provide your details to us or our clients via any Collection Channel;
    3. subscribe to any newsletters, updates, alerts or news and media releases, or request launch or event information or information about our products or services or other information services as well as third party products or services;
    4. complete and submit any forms or surveys to us or our clients, either physically or electronically;
    5. conspicuously publish or provide on request your personal information to The Works;
    6. contact us or our clients directly in person or via any medium including mail, telephone, social media and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) including via the contact details listed on a Website;
    7. participate in any competitions, offers, promotions or marketing activities;
    8. participate in the Makers Network coordinated by The Works;
    9. interact with a Website for a specific purpose; or
    10. interact with or browse a Website generally.

11. Personal information is requested in order to facilitate or provide you with certain content, products or services, and information about such content, products or services (including the uploading, access to, and receipt of content on a Website), marketing materials, newsletters, electronic newsletters (e-newsletters), news and media releases / launch information, and also to advise you of other The Works, client or third party products, services, offers, competitions or events which may be of interest. No one is obligated to provide personal information. However, failure to do so may result in The Works or its clients being unable to facilitate or provide you with certain content, products or services, products or services information, upcoming promotion, competition, offer or event information or accept competition entries (where applicable).
12. We may also obtain your personal information from legitimate third party sources including list brokers, referral agents, our clients and other data providers or organisations that share data in circumstances where it is lawful and/or you have given permission for them to do so.

Children

13. Personal information will not be collected from any person who is known by The Works to be under the age of fifteen (15) without the consent of a parent or legal guardian or as has been provided to us lawfully by third parties, including our clients and customers. Persons under age fifteen (15) may only use our Websites with the involvement and consent of a parent or legal guardian

Passive Information Collection

14. As with many commercial websites, The Works and its clients may also collect information which tells us about visitors to our Websites. For example, we may collect information about the date, time and duration of visits and which pages of a Website are most commonly accessed. This information is generally not linked to the identity of visitors, except where a Website is accessed via links in an email we have sent or where we are able to uniquely identify the device or user accessing a Website. By accessing a Website via links in an email we have sent and/or by accessing a Website generally, you consent to the collection of such information where it is personal information.
15. As you navigate through our Websites, certain information can be passively collected (that is, gathered without you actively providing the information) using various technologies, such as Unique Device Identifiers (UDI), cookies, Internet tags or web beacons, and navigational data collection (log files, server logs, clickstream). In certain circumstances, this information may be considered anonymous information or personal information under the Privacy Act 1988 (Cth). This is dependent on the device used and the method by which an individual connects to the Internet. Your Internet browser automatically transmits to the Website you are browsing some of this anonymous information or personal information, such as the URL of the website you just came from, the Internet Protocol (IP) address, the UDI (if applicable) and the browser version your device is currently using. Our Websites may also collect anonymous information or personal information from your device through cookies and Internet tags or web beacons. You may set your browser to notify you when a cookie is sent or to refuse cookies altogether, but certain features of a Website might not work without cookies and this may limit the services provided by a Website. Cookies and other technical methods may involve the transmission of information either directly to us or to another party authorised by us to collect information on our behalf. We may also disclose such passively collected anonymous information to third parties.
16. Our Websites may use and combine such passively collected anonymous information or personal information from various third party sources, including as described in paragraph 15, to provide better service to Website visitors and users, customise a Website based on your preferences, compile and analyse statistics and trends, and otherwise administer and improve a Website for your use. We may combine your visitor session information or other information collected through tracking technologies with personally identifiable information from time to time in order to understand and measure your online experiences and to determine what products, promotions and services are likely to be of interest to you. By accessing a Website, you consent to information about you being collected, compiled and used in this way.
17. For more information about cookies and how you can opt out, you can visit http://www.youronlinechoices.com.au/.

Purposes for which The Works collects, holds, uses and discloses personal information

18. Personal information collected will be collected, used and/or disclosed for the following primary purposes:
    1. For the purposes for which it was collected (as advised in this Privacy Policy).
    2. For the purposes stated in a privacy collection statement on a particular Collection Channel.
    3. To fulfil obligations in respect of any contract between you and The Works or you and one of our clients.
    4. To provide you with information about your transactions (including uploading, access to, and receipt of content on a Website), content, services and products.
    5. To provide direct marketing materials, events, special offers, competitions and promotions in person and via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Messaging Service), IM (Instant Messaging), email) or any other form of electronic, emerging, digital or conventional communications channel.
    6. To provide you with targeted advertising when you browse third party websites.
    7. To customise a Website based on your preferences.
    8. To compile and analyse statistics and trends.
    9. To maintain our relationship with you.
    10. To render services related to The Works and our clients.
    11. To administer the Makers Network and to allow you to participate in the Makers Network (if applicable).
    12. To undertake recruitment for The Works.
    13. To manage your employment with The Works (if applicable).
    14. To provide you with newsletters via mail and electronic newsletters (e-newsletters) via commercial electronic messages.
    15. To conduct promotions, competitions and/or surveys.
    16. To respond to general enquiries.
    17. To obtain opinions or comments about products and/or services and to conduct other research and development.
    18. To record statistical data for marketing analysis and to conduct market research.
    19. To share personal information with The Works group companies, clients, our promotional partners and other trusted third parties including service providers in the manner described below.
    20. To collect, hold, use and disclose personal information as stated above, for the purpose of providing professional services to our clients and customers.

19. For the purposes described above, personal information may be shared with The Works group companies, The Works promotional partners, The Works clients and other trusted third parties (and their directors, servants and agents) either in Australia or overseas.Failure to provide personal information may result in you being unable to participate in the Makers Network (where applicable), in The Works being unable to respond to your enquiry, consider your employment application or render services to you, or in The Works or its clients being unable to provide you with certain content, information, upcoming promotion, event or product information and/or accept promotion entries (where applicable).
20. In order to operate a Website or deliver a service, personal information may also be shared with The Works group companies, selected service providers and/or other trusted third parties either in Australia or overseas. The Works group companies, selected service providers and/or other trusted third parties may be engaged by The Works to perform a variety of functions, such as data storage, fulfilling orders, payroll management, conducting market research, assisting with promotions and surveys, and providing technical services for our Websites. These companies may have access to personal information if needed to perform such functions.
21. The Works recognises the trust with which you provide personal information, and except as stated in this Privacy Policy, such information will not be used or disclosed for any other purposes without consent. However, The Works reserves the right to use or disclose any information, including personal information, as needed to satisfy any law, regulation or legal request, to protect the rights or property of The Works, any member of The Works group, or any member of the public, to protect the integrity of a Website, to fulfil your requests, or to cooperate in any law enforcement investigation or an investigation on a matter of public safety.

Contact by The Works

22. The Works group companies (and their directors, servants and agents), The Works promotional partners, The Works clients or trusted third parties (and other selected service providers and other non-Works companies or professionals) either in Australia or overseas, may contact you via telephone, SMS (Short Message Service), MMS (Multimedia Messaging Service), IM (Instant Messaging), email, post or any other form of electronic, emerging, digital or conventional communications channel using the information provided in order to contact you in respect of the primary purposes for collection of personal information as stated above.
23. The Works does not send advertising or marketing information without obtaining prior consent, for example the consent contained within this Privacy Policy. If you receive communications from The Works which you do not wish to receive, you may remove your name from the database either by utilising the functional unsubscribe facility (if the communication is via commercial electronic message) or by contacting The Works’ privacy officer via email: info@theworkssydney.com or telephone: +61 2 9493 6526. Please allow 30 days for this request to be processed.
24. Despite removing your name from the database from receiving future advertising and marketing information, The Works may send you non-commercial “Administrative Emails”. Administrative Emails relate to a The Works user account and may include administrative and transaction confirmations, requests and inquiries or information about a particular The Works user account. If you do not wish to receive such communications from The Works, you may remove your name from the database by utilising the functional unsubscribe facility.

Ability of others to view information

25. The Works may provide areas on a Website where you can upload user-generated content, post or provide information about yourself, communicate with other users, provide reviews for content, products and/or services or interact with or vote on particular content. This information may be shared with others and may be publically posted on our Websites, including without limitation, other social media platforms and other public forums in which you choose to participate. This information may become publically available and may be read, collected and used by others outside of our The Works is not responsible for the conduct of others who may read, collect and use this information.

Your right of access

26. You have the right to access and review your personal information that may be recorded on a The Works database. Information may be reviewed by contacting The Works’ privacy officer via email: info@theworkssydney.com or telephone: +61 2 9493 6526. Please allow 30 days for this request to be processed.

Changing and deleting the information we have about you

27. Information contained on the database may be amended, or your preferences for contact from us changed, by contacting The Works’ privacy officer via email: info@theworkssydney.com or telephone: +61 2 9493 6526. Please allow 30 days for this request to be processed.
28. In the same way, a request may be made to delete personal information, and all reasonable steps to delete the information will be made, except where it is required for legal reasons. Deletion of information may result in The Works and its clients being unable to facilitate or provide you with information about certain transactions (including the uploading, access to, and receipt of content on a Website), other content, services or product information, upcoming promotion, competition or event information, and/or provide certain content, goods or services.
29. We are not responsible for removing your personal information from the lists of any third party who has previously been provided your information in accordance with this policy.

Storage and security of personal information

30. The Works will endeavour to take all reasonable steps to keep secure any personal information recorded, and to keep this information accurate, up to date, complete and relevant. The information is stored on secure servers that are protected in controlled facilities. This service may be performed on our behalf and data may be hosted by our selected data storage providers. In some cases these facilities may be overseas.

Disclosure of personal information to overseas recipients

31. In some cases, The Works may disclose your personal information to overseas recipients, including, but not limited to, your professional information, contact details and transactional data (if applicable). The Works employees, data processors and other trusted third parties are obliged to respect the confidentiality of any personal information held by The Works. However, security of communications over the Internet cannot be guaranteed, and therefore absolute assurance that information will be secure at all times cannot be given. The Works will not be held responsible for events arising from unauthorised access to personal information.

The Works and links to other websites

32. Our Websites may, from time to time, contain links to the websites of other organisations which may be of interest to you. Their inclusion cannot be taken to imply any endorsement or validation by us of the content of the third party website. Linked websites are responsible for their own privacy practices and you should check those websites for their respective privacy statements. The Works is not responsible, nor does it accept any liability, for the conduct of companies linked to our Websites.

Related The Works Websites

33. All Websites operated by The Works will adhere to this Privacy Policy. The policies on the Websites of some members of The Works group may vary, however, because of local customs, practices or laws.

Sale of the Company

34. If The Works merges with, or is acquired by, another company, or sells all or a portion of its assets, your personal information may be disclosed to our advisers and any prospective purchaser’s adviser, and may be among the assets transferred. However, personal information will always remain subject to this Privacy Policy.

Problems or queries

35. If you have any questions about our Privacy Policy, or any problems or complaints about how we have collected, used, stored, handled and/or disclosed your personal information, please contact our privacy officer via one of the following channels:

Address:
Level 10, 420 George St, Sydney NSW 2000

Telephone:
+61 2 9493 65260

Email:
info@theworkssydney.com

Please allow 30 days for this request to be processed. If you do not receive a satisfactory response from The Works to your query, problem or complaint within 30 days, you may refer your query, problem or complaint to the Office of the Australian Information Commissioner via the contact details listed at http://www.oaic.gov.au/about-us/contact-us-page.