1. The Shape Agency Pty Ltd, ABN 67 618 969 332 welcomes you to our website.
2. By accessing or using this website, you agree to these terms of use and you accept that all of its terms will be governed by and construed in accordance with the laws of New South Wales. We reserve the right to update those terms at any time without notice to you. If you do not agree, you should not use or participate in this website.
3. All intellectual property rights (registered and unregistered) including copyright, trade marks, illustrations in and on this website are vested in The Shape Agency and/or its related companies or licensors. You are licensed to use the content on our website solely for your personal non-commercial use, provided that you do not change or delete any graphics, text, or IP notices. We use reasonable efforts to ensure that the information contained in or generated on this website is accurate and up-to-date, however we make no warranties or representations of any kind, express or implied, about the accuracy, currency, reliability, suitability or completeness of the information provided. We accept no responsibility for errors, omissions or defects in the content on the website generally and subject to law, reserve the right to amend the website at any time without notice.
4. Any warranties which may be implied by law, statute or otherwise in relation to the information or any other goods or services provided on the website are excluded to the fullest extent permitted by law.
5. In no event will The Shape Agency be liable for any loss or damage including, without limitation, indirect or consequential loss or damage or any loss or damage arising out of or in connection with your access to, or inability to access, the website or your reliance on any information contained in or generated on this website.
6. Where you are able in connection with this site to submit, post or upload content or share any material in connection with the site, you must do so in a lawful and responsible manner. In particular, you must observe and respect the rights of other persons including to privacy, and you must avoid material which is inappropriate, offensive or defamatory material. You must not infringe the intellectual property rights of any person or otherwise engage in any activity that does not comply with applicable law or standards. We reserve our right to take down without notice any material that does not comply with these standards.
7. This website may contain hyperlinks to third party sites. The Shape Agency and/or its related companies are not responsible for the content of those sites or the privacy practices of those website operators and strongly recommends that before providing any personal information to such linked websites, you examine their privacy policies.
8. Any personal information collected by us through your use of this website will be dealt with in accordance with our Privacy Policy.
9. We reserve the right, should the need arise, to exclude people from the service and/or from our news service (including emails and newsletters).
10. If you have any queries or comments concerning our Terms of Use policy, please contact us at: tim@theshapeagency.com.au

Introduction 

The Shape Agency is committed to protecting your privacy. 

How this Policy applies 

This Policy applies to personal information The Shape Agency collects from you: 

• via one of our websites; 
• via social media; 
• via telephone; 
• via email; 
• via fax; 
• in person; and/or 
• in writing. 

This Policy also applies to personal information The Shape Agency collects from its affiliated partners or any other third party, about you.  

The Shape Agency website 

The Shape Agency website collect two types of information. The first type is anonymous information. The web server makes a record of your visit and logs the following information for statistical purposes: 

• the user’s server address; 
• the user’s top level domain name (e.g. .com, .gov, .net, .au, etc.); 
• the date and time of the visit to the site; 
• the pages accessed and documents downloaded; 
• the previous site visited; and 
• the type of browser used. 

 No attempt will be made to identify users or their browsing activities except, in the unlikely event of an investigation, where a law enforcement agency may exercise a warrant to inspect the internet service provider’s logs. 

The second type of information that The Shape Agency website collect is personal information. Personal information is requested in order to provide personalised and enhanced services that are not available to anonymous users. 

A cookie is a piece of data stored on the user’s computer tied to information about the user. Cookies may be used on The Shape Agency website. 

Our websites may contain links to other websites and social media pages including Facebook, Twitter and LinkedIn. We are not responsible for the privacy policies of the entities responsible for those websites and we recommend that you review the privacy policies applicable to any other websites you visit. 

The kinds of personal information The Shape Agency may collect 

From time to time you may voluntarily supply your personal information to The Shape Agency. The Shape Agency will also record your e-mail address if you send us a message, subscribe to an email newsletter, or complete a form if this information is requested. 

Depending upon the circumstances, you may provide to The Shape Agency, and The Shape Agency may collect, information such as, but not limited to: 

• your name; 
• your contact details; 
• your postcode or location 
• your social media details (e.g. blogs, twitter, Facebook, LinkedIn); 
• your gender; 

We will only collect sensitive information where we have received your consent to that information being collected, used, disclosed and stored by The Shape Agency in accordance with this Policy, and provided that the collection is reasonably necessary for us to pursue one or more of our functions or activities. 

We will collect personal information directly from you unless: 

• you have consented to The Shape Agency’s collection of your personal information from third parties  
• when we are legally required to do so; or 
• it is unreasonable or impractical to do so. 

Where we have collected personal information about you either directly or by other means as set out above, we will notify you at the time, or as soon as practicable, to ensure that you are aware of such collection and its purpose. 

If we receive unsolicited personal information about or relating to you and we determine that such information could have been collected in the same manner if we had solicited the information, then we will treat it in the same way as solicited personal information and in accordance with the APPs.  

Otherwise, if we determine that such information could not have been collected in the same manner as solicited personal information, and that information is not contained in a Commonwealth record, we will, if it is lawful and reasonable to do so, destroy the information or de-identify the information. 

The purposes for which personal information is collected, held, used and disclosed 

The Shape Agency collects, holds, uses and discloses your personal information including your email address to: 

• provide you with information relating to The Shape Agency; 
• inform you about related matters; 
• improve our service delivery and websites; 
• manage The Shape Agency’s relationship with you; 
• conduct surveys and research; 
• provide educational services; 
• promote and market The Shape Agency events, products or services; 
• enable our partners to promote and market their events, products or services to you; 
• subscribe you to The Shape Agency’s email newsletter(s); and/or 
• enable our third party service providers to do or assist with the above. 

Using your information for direct marketing 

You consent to our use and disclosure of your personal information for the purposes of direct marketing which may include providing you with promotional material, information about events, products or services of The Shape Agency or third parties such as partners and sponsors, which may be of interest to you, now and in the future.  

If you do not want us to use your personal information for direct marketing purposes, you may elect not to receive direct marketing at the time of providing your personal information. You can opt out when you are contacted, or you can contact us using the contact details set out below, if you do not want to receive marketing information. 

Unsubscribing and opting out 

If you no longer wish to receive direct marketing or other communications, you may request at any time to cancel your consent to such communications as follows: 

• If subscribing to an email newsletter you may “unsubscribe” at any time from the newsletter mailing list; 
• You may contact us at any time by mail or email directed to our Privacy Officer. 

Disclosure of your personal information 

The Shape Agency may disclose your personal information, in connection with or to further the purposes outlined above, to: 

• organisations to whom we outsource functions (including information technology providers, print service providers, mail houses); 
• otherwise as you have consented; and/or 
• otherwise as required by law. 

If any of these organisations are located outside Australia, you expressly consent to us disclosing your personal information to those organisations. These parties may be located in the following countries: 

• The United States of America 

We take reasonable steps to ensure that each organisation that we disclose your personal information to is committed to protecting your privacy and complies with the APPs, or is subject to a law or scheme that is at least substantially similar to the way in which the APPs protect information. 

By providing your personal information to The Shape Agency, you consent to us transferring your personal information to such other organisations. 

How The Shape Agency holds personal information 

Wherever reasonably practicable The Shape Agency holds electronic personal information on data servers that are owned and controlled by The Shape Agency in Australia. The data servers are password protected and login secured. However, by providing personal information to The Shape Agency you consent to your information being stored and processed on a data server or data servers (such as cloud services) owned by a third party or third parties that may be located outside of Australia.  

The Shape Agency will take reasonable steps to ensure that any third party providers comply with the APPs, or are subject to a law or scheme that is at least substantially similar to the way in which the APPs protect information. 

Wherever reasonably practicable The Shape Agency holds physical personal information in access controlled premises. 

When The Shape Agency no longer requires your personal information for a specific purpose and we are not required to keep it to comply with any laws, we will take such steps as are reasonable in the circumstances to destroy your personal information or to ensure that the information is de-identified. 

Government Identifiers 

We will not adopt as our own identifier a government related identifier of an individual, such as a tax file number or Medicare card number and will only use or disclose a government related identifier where the use or disclosure: 

• is reasonably necessary for The Shape Agency to verify your identity for the purposes of our activities or functions; 
• is reasonably necessary for The Shape Agency to fulfil its obligations to an agency or a State or Territory authority; 
• is required or authorised by or under an Australian law; or 
• is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body. 

How you may seek access and/or correction to personal information held by The Shape Agency 

You have the right to request access to your personal information and request that it be updated or corrected. In most cases you can gain access to your personal information that The Shape Agency holds.  

To request access to, correction of, or updating of any personal information held about you, please write to the following address: 

The Shape Agency
Lvl 3, 221 Liverpool Street
Darlinghurst NSW 2010 
E:  tim@theshapeagency.com.au 

General enquiries can be made via telephone by calling the following number: 

P:0409 059 617 

The Shape Agency requires that you provide proof of identity in order to seek access to your personal information. The Shape Agency may refuse to provide access if permitted to do so by law or under the APPs. The Shape Agency will seek to provide you with access to your personal information within 30 days of receipt of a valid request and may charge you a reasonable fee for doing so. 

You can contact The Shape Agency to let us know if any of your personal information has changed. Please contact The Shape Agency in writing to update any personal information. The Shape Agency may also take steps to update your personal information by reference to publicly available sources such as telephone directories or electoral rolls. 

How you may complain about a breach of the APPs 

To make a complaint about an alleged breach of the APPs please write to or email The Shape Agency at one of the following addresses: 

The Shape Agency
Lvl 3, 221 Liverpool Street
Darlinghurst NSW 2010 
E:  tim@theshapeagency.com.au 

All complaints must be written. Please provide all details about your complaint as well as any supporting documentation to The Shape Agency. 

How The Shape Agency will deal with complaints 

The Shape Agency will seek to deal with privacy complaints as follows: 

• complaints will be treated seriously; 
• complaints will be dealt with promptly; 
• complaints will be dealt with confidentially; 
• complaints will be investigated by The Shape Agency, and 
• the outcome of an investigation will be provided to the complainant where the complainant has provided proof of identity. 

The Shape Agency will seek to respond within 30 days of receipt of a valid complaint. 

Variations to the Policy 

This Policy may be varied from time to time and an updated version will be posted on The Shape Agency website. Please check our websites regularly to ensure that you have the most recent version of the Policy.