Privacy Policy
Kaiju Enterprises Pty Ltd (ABN 70 677 236 690) (“KE”) trading as The Operative Word is committed to respecting your privacy. Our Privacy Policy outlines our ongoing obligations to you in respect of how we manage your Personal Information. This Privacy Policy only applies where applicable, where we do not collect your personal information, then this Privacy Policy is indicative of your rights.
By providing your Personal Information to us, you consent to our collection, use and disclosure of your personal information in accordance to this Privacy Policy and any other arrangements that apply between us including our Website Terms and Conditions (Terms). Our Privacy Policy may change from time to time by publishing changes to it on our website.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.oaic.gov.au
In this Privacy Policy, ‘us’, ‘we’ or ‘our’ means Kaiju Enterprises Pty Ltd (ABN 70 677 236 690) (“KE”) trading as The Operative Word.
What is Personal Information and why do we collect it?
Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses and phone numbers.
This Personal Information is usually obtained via our website, theoperativeword.com.au, and via email, and may be obtained in some cases from third parties. If we collect your Personal Information, it will be for the primary purpose of providing our services to you, providing information to you and marketing to you. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.
When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.
We may collect the following types of Personal Information, that may be uploaded or authorised by you:
Name;
Mailing or street address;
Email address;
Telephone number and other contact details;
Age or date of birth;
Your device ID, device type, computer and connection information; statistics on page views; IP address; ad data; and traffic to and from the sites;
Details of the product and services we have provided to you or that your directly through our website or indirectly through your use of our website or through other websites or accounts form which you permit us to collect information;
Information you provide to us through customer surveys; or
Any other information that identifies an individual that may be required to be collected in the course of our services.
We may collect, hold, use and disclose your Personal Information for the following purposes:
To enable you access and use our website and its features and to personalise our website content for you including your regional and language preferences;
To operate, protect, improve and optimise our website and the user experience;
To send you service, support and administrative messages, updates, security alerts and information requested by you;
If you have subscribed to a Service, to send you marketing and promotional messages and other information that we think may be of interest to you;
To comply with our legal obligations, resolve any disputes that we may have with any of our users; and enforce our agreements with third parties.
Cookies
We obtain your Personal Information by using ‘cookies’. A cookie is a small piece of data sent from our website and stored on your computer by your web browser. Some of our cookies are essential to allow you to access our website and use its features. These are enabled even if you do not consent to the use of cookies and try to block them. Other cookies are used to recognise you when you return to our website, which allows us to personalise our content for you and to remember your regional and language preferences.
Sensitive Information
Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive information will be used by us only:
For the primary purpose for which it was obtained;
For a secondary purpose that is directly related to the primary purpose;
With your consent; or where required or authorised by law.
Third Parties
Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances third parties may provide us with your Personal information. Where this happens we will take reasonable steps to ensure that you are made aware of the information that we have been provided.
Direct Marketing
Where you have subscribed to our Newsletter Services, we may send you direct marketing communications and information about our products. This may take the form of emails or other forms of communication, in accordance with the Spam Act and the Privacy Act. You may opt-out of receiving these marketing materials at any time by contacting us at www.theoperativeword.com.au or responding to correspondence at the relevant opt-out link.
Disclosure of Personal Information
Your Personal Information may be used in circumstances of the following:
To third parties where you consent to the use or disclosure in the course of providing services to you; and
Where required or authorised by law.
Security of Personal Information
We will store your Personal Information in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure. Our data is stored on a third party cloud-based service with datacentres in Australia (Sydney), Singapore, the United States (Virginia) and Germany.
When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. We generally preserve Personal Information in client files for a minimum of 7 years.
Access to your Personal Information
You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.
We may charge an administrative fee for providing a copy of your Personal Information.
In order to protect your Personal Information, we may require identification from you before releasing the requested information.
Maintaining the Quality of your Personal Information
It is important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.
Compliance with the European Union General Data Protection Regulations (GDPR)
You may be accessing our website from the European Union (EU). Our Privacy Policy is compliant with the EU GDPR as reasonably as possible from our Australian Offices.
We would like to make sure that you are fully aware of your data protection rights in the EU, and you are entitled to the following if you are accessing our website from the EU:
The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete information you believe is incomplete.
The right to erasure – You have the right to request that we erase your personal data, under certain conditions.
The right to restrict processing – You have the right to request that we restrict the processing of our personal data, under certain conditions.
The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions.
The right to data portability – You have the right to request that we transfer the data that we have collected to another organisation, or directly to you, under certain conditions.
If you make a request to us for any of your data rights, we have one month to respond to you. We encourage you to contact us at privacy@theoperativeword.com.au if you have any queries or complaints.
Policy Updates
This Policy may change from time to time and is available on our website.
Privacy Policy Complaints and Enquiries
If you have any queries or complaints about our Privacy Policy please contact us at privacy@theoperativeword.com.au.
Effective: 01 June 2024