PRIVACY POLICY

1. INTRODUCTION

This document sets out the privacy policy of Lenis Castro trading as ‘B Animated’ ABN 42 331 208 894 (referred to in this privacy policy as 'we', 'us', or 'our').

This Privacy Policy applies to our Website, Products, Services and Experiences, including augmented reality, WebAR, app-based, QR code, image tracking and other interactive digital experiences we provide or make available.

In this Privacy Policy:

(a) Website means www.banimated.com.au and any other websites we operate with the same domain name and a different extension;

(b) Products means products we sell or supply, including greeting cards, stationery, prints, notebooks, jewellery, packaging, gifts, games and any other products we supply from time to time;

(c) Services means creative, design, augmented reality, interactive digital, white-label, business-to-business and related services we provide from time to time; and

(d) Experiences means augmented reality, WebAR, app-based, QR code, image tracking or other interactive digital experiences connected with our Products or Services.

This privacy policy applies whenever we collect your personal information (or personal data). This includes between you, the visitor to this website (whether directly as our customer or as personnel of our customer), and us, the owner and provider of this website and also where we are directed by a third party to process your personal information. This privacy policy applies to our use of any and all data collected by us or provided by you in relation to your use of the website and the provision of our services to you.

We take our privacy obligations seriously and we've created this privacy policy to explain how we collect and treat your personal information. Personal information is that information which is identifiable as being about you.

2. LAWS AND STANDARDS WE COMPLY WITH

We comply with:

(a) the Australian Privacy Principles established by the Privacy Act 1988 (Cth); and

(b) to the extent the European Union's General Data Protection Regulation 2016/679 ('GDPR') applies to us and our use of your information, the GDPR.

3. TYPES OF PERSONAL INFORMATION WE COLLECT

The personal information we collect may include the following:

(a) name;

(b) mailing or street address;

(d) social media information;

(e) telephone number and other contact details;

(f) age;

(g) date of birth;

(h) credit card or other payment information;

(i) information about your business or personal circumstances;

(j) information in connection with client surveys, questionnaires and promotions;

(k) your device identity and type, I.P. address, geo-location information, page view statistics, advertising data and standard web log information;

(l) information about third parties;

(m) any other information provided by you to us via this website or our online presence, or otherwise required by us or provided by you;

(n) photos, videos, audio recordings, names, messages, likenesses, branding, trade marks, artwork or other content you provide to us for personalised Products, Services or Experiences;

(o) information about how you access or use Experiences, including scan data, access logs, device type, browser type, operating system, IP address, approximate location, camera or browser permission status, usage analytics and troubleshooting information;

(p) information provided to us by or through third-party technology providers, including AR Technology Providers, hosting providers, analytics providers, ecommerce platforms, payment providers and delivery providers;

(q) any other information reasonably required for us to provide, personalise, host, maintain, troubleshoot or improve our Products, Services or Experiences;

(r) information, prompts, files, images, videos, text, outputs, feedback or other content you provide or generate when we use AI-assisted tools or automated technologies to help provide, personalise, troubleshoot or improve our Products, Services or Experiences;

(s) information that may be considered sensitive information, where you choose to provide it to us or where it is contained in Your Content, such as information that may reveal health information, biometric information, racial or ethnic origin, disability, religious beliefs or other sensitive characteristics; and

(t) information about children or minors, where that information is provided to us by a parent, guardian or authorised person in connection with personalised Products, Services or Experiences.

4. HOW WE COLLECT PERSONAL INFORMATION

(a) We endeavour to ensure that information we collect is complete, accurate, accessible and not subject to unauthorised access.

(b) We may collect personal information either directly from you, or from third parties, including where you:

(i) contact us through our website;

(ii) communicate with us via email, telephone, SMS, social applications (such as LinkedIn, Facebook or Twitter) or otherwise;

(iii) use our automated referral system or manual referral service;

(iv) interact with our website, social applications, services, content and advertising;

(v) invest in our business or enquire as to a potential purchase in our business;

(vi) purchase Products from us online, in person, at markets or events, or by any other method we make available;

(vii) access, scan, launch or interact with an Experience, including through QR codes, image tracking, WebAR, apps, App Clips or other interactive technologies;

(viii) provide us with photos, videos, audio, names, messages, branding or other content for personalised Products, Services or Experiences; or

(ix) engage us to provide Services, including B2B, creative, design, AR, WebAR or white-label services.

(c) We may also collect personal information from you when you use or access our website or our social media pages. This may be done through use of web analytics tools, 'cookies' or other similar tracking technologies that allow us to track and analyse your website usage. Cookies are small files that store information on your computer, mobile phone or other device and enable and allow the creator of the cookie to identify when you visit different websites. Cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit. If you do not wish information to be stored as a cookie, you can disable cookies in your web browser. You can manage or disable cookies through your browser settings. However, some features of our Website, Products, Services or Experiences may not function properly if cookies, tracking tools, device permissions or similar technologies are disabled.

(d) We may use Google Analytics to collect and process data, including when you use third party websites or apps. To find out more see How Google uses data when you use our partners’ sites or apps. We may also use analytics, tracking and diagnostic tools provided by AR Technology Providers or other third-party providers to understand how Experiences are accessed and used, troubleshoot technical issues, manage scan or access limits, improve performance and maintain security.

5. USE OF YOUR PERSONAL INFORMATION

(a) We collect and use personal information for the following purposes:

(i) to provide services or information to you;

(ii) for record keeping and administrative purposes;

(iii) to provide information about you to our contractors, employees, consultants, agents or other third parties for the purpose of providing services to you;

(iv) to improve and optimise our service offering and customer experience;

(v) to comply with our legal obligations, resolve disputes or enforce our agreements with third parties;

(vi) to send you marketing and promotional messages and other information that may be of interest to you and for the purpose of direct marketing (in accordance with the Spam Act 2003 (Cth)). In this regard, we may use email, SMS, social media or mail to send you direct marketing communications. You can opt out of receiving marketing materials from us by using the opt-out facility provided (e.g. an unsubscribe link);

(vii) to send you administrative messages, reminders, notices, updates, security alerts, and other information requested by you;

(viii) to consider an application of employment from you;

(ix) to create, personalise, host, deliver, maintain and troubleshoot Products, Services, Experiences, WebAR experiences, app-based experiences and other interactive digital services;

(x) to manage scan limits, access limits, expiry periods, hosting periods and usage restrictions connected with Products, Services or Experiences;

(xi) to provide information to third-party technology providers, AR Technology Providers, hosting providers, ecommerce platforms, payment providers, delivery providers, analytics providers and other suppliers where reasonably necessary to provide our Products, Services or Experiences;

(xii) to verify, format, adapt or incorporate customer-supplied content into Products, Services or Experiences; and

(xiii) to detect, prevent and respond to technical issues, security issues, misuse, unauthorised access or fraud.

(b) Where you make a payment, payment information may be collected and processed directly by our third-party payment providers. We do not generally store full credit card or debit card details, unless expressly stated or required for a particular transaction.

(c) This clause applies to personal information, other than in the European Economic Area. We may disclose your personal information to cloud-providers, contractors and other third parties located inside or outside of Australia. If we do so, we will take reasonable steps to ensure that any overseas recipient deals with such personal information in a manner consistent with how we deal with it. This may include disclosure to third-party providers involved in ecommerce, payments, delivery, cloud storage, website hosting, email marketing, analytics, AI-assisted tools, AR technology, WebAR technology, app-based technology, image tracking, QR code functionality and Experience hosting or delivery.

(d) Where you are a resident of the European Union and the GDPR applies, please see below (clause 10).

(e) We've endeavoured to ensure that our use and collection of your data is clear and as transparent as possible, but in the interests of keeping this policy concise it's not possible to list every circumstance in which we will use your data.

(f) We may use third party service providers for disaster recovery services. To the extent necessary to receive those disaster recovery services, we will provide your data to that third party service provider.

(g) We may also use third party service providers to audit the infrastructure and applications we use to store your data. To the extent necessary to receive those audit services, we will provide your data to that third party service provider.

6. AI-ASSISTED TOOLS AND AUTOMATED TECHNOLOGIES

(a) We may use AI-assisted tools, automated technologies or software features to help us provide, personalise, maintain, troubleshoot, improve or administer our Products, Services and Experiences.

(b) This may include using AI-assisted tools for administrative, operational or technical purposes, including customer communications, business administration, technical troubleshooting, analytics, quality control, content formatting, image or file management, or other business support functions.

(c) For clarity, unless we expressly tell you otherwise, we do not use AI-assisted tools to create B Animated’s original hand-drawn artwork. Any use of AI-assisted tools is intended to support our business operations and service delivery, and not to replace the human creation of our original artwork.

(d) Where we use AI-assisted tools, we take reasonable steps to ensure that personal information is handled securely and only used for purposes connected with our Products, Services, Experiences or business operations.

(e) We do not intentionally use customer-supplied personal information or Your Content to train public AI models unless we have your consent or are otherwise permitted by law.

(f) AI-assisted tools may be provided by third-party service providers, including providers located outside Australia. Where this occurs, we will take reasonable steps to ensure that personal information is handled in accordance with this Privacy Policy.

7. PERSONAL INFORMATION ABOUT OTHERS

(a) If you provide us with personal information about another person, including photos, videos, audio, names, likenesses, messages or other content showing or identifying another person, you confirm that:

(i) you have notified that person that you are providing their personal information to us;

(ii) you have obtained that person’s consent for us to collect, use, disclose, store and otherwise handle their personal information in accordance with this Privacy Policy; and

(iii) the information you provide is accurate and not misleading.

(b) If the person is under 18 years of age, you confirm that you are their parent or guardian, or that you have obtained consent from their parent or guardian.

(c) Our Products, Services and Experiences are not intended to collect personal information directly from children without the involvement and consent of a parent or guardian. If you are under 18 years of age, you should not provide us with personal information unless your parent or guardian has agreed.

8. RETENTION OF CUSTOMER CONTENT AND EXPERIENCE DATA

We retain personal information, customer-supplied content and Experience data for as long as reasonably required to provide our Products, Services and Experiences, manage access limits and expiry periods, comply with our legal obligations, resolve disputes and maintain business records.

Where you ask us to delete customer-supplied content or personal information, we will take reasonable steps to do so, subject to any legal, technical or operational requirements that require us to retain it.

9. DATA BREACHES

If we become aware of a suspected or actual data breach involving personal information, we will take reasonable steps to assess, contain and respond to the incident.

Where required by law, including under the Notifiable Data Breaches scheme in the Privacy Act 1988 (Cth), we will notify affected individuals and the Office of the Australian Information Commissioner.

10. SECURITY

We take reasonable steps to ensure your personal information is secure and protected from misuse or unauthorised access. Our information technology systems are password protected, and we use a range of administrative and technical measures to protect these systems. However, we cannot guarantee the security of your personal information. Where Experiences rely on third-party technology providers, the security of those platforms may also be governed by the relevant provider’s own security practices and privacy policy.

11. LINKS

Our Website, Products, Services or Experiences may contain or rely on links, platforms, tools or services provided by third parties, including AR Technology Providers. We are not responsible for the privacy practices of those third parties and recommend that you review their privacy policies before using their services.

12. REQUESTING ACCESS OR CORRECTING YOUR PERSONAL INFORMATION

(a) If you wish to request access to the personal information we hold about you, please contact us using the contact details set out below including your name and contact details. We may need to verify your identity before providing you with your personal information. In some cases, we may be unable to provide you with access to all your personal information and where this occurs, we will explain why. We will deal with all requests for access to personal information within a reasonable timeframe.

(b) Where you are a resident of the European Union and the GDPR applies to your personal information, you have the right to ask for 'subject access request' or 'SAR' being a copy of your personal data held by us. Where we do hold such data about you we will provide you with a copy of the data we hold about you. This will be in a commonly used machine-readable file where you request us to e-mail the information to you. We will also give you a description of the data, tell you why we are holding it and tell you who we could have disclosed it to.

(c) If you think that any personal information we hold about you is inaccurate, please contact us using the contact details set out below and we will take reasonable steps to ensure that it is corrected. We will also stop processing data on your request and you may also request that we delete the data held about you.

(d) If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us using the contact details set out in the 'Contact Us' section below.

(e) We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act 1988 (Cth).

13. CHANGE OF CONTROL

If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.

14. TRANSFERS OUTSIDE THE EUROPEAN ECONOMIC AREA ('EEA')

(a) If you are an EU resident and the GDPR applies, we will wherever possible, ensure your data remains in the EEA.

(b) Information that we collect in the EEA may from time to time be stored, processed in or transferred between parties located in countries outside of the EEA which may not have as stringent data protection laws as found in the EEA.

(c) Some of our third party service providers may be also located outside the EEA. If we transfer your data outside the EEA in this way (where you are a resident of the European Union and the GDPR applies to your personal information) we will ensure that the third party provider we use is compliant with the GDPR and that your privacy continues to be protected as outlined in this privacy policy.

(d) If Article 27 of the GDPR applies to us, we will appoint a representative within the European Union in accordance with the GDPR. Please contact us and we will let you know the representative's contact details.

15. COMPLAINTS

If you wish to complain about how we handle your personal information or information held by us, please contact us using the details set out below, including your name and contact details. We will investigate your complaint promptly and respond to you within a reasonable time.

If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner at www.oaic.gov.au.For data which is subject to the GDPR, you have the right to lodge a complaint with the local regulator in your jurisdiction in Europe if you do not feel we have adequately upheld your rights under the GDPR.Contact Us

For further information about our privacy policy or practices, or to access or correct your personal information, or make a complaint, please contact us using the details set out below:

Name: insert>

Email: insert>

By providing personal information to us, you acknowledge that we will collect, hold, use and disclose personal information in accordance with this Privacy Policy and applicable privacy laws. We may change this privacy policy from time to time by posting an updated copy on our website and we encourage you to check our website regularly to ensure that you are aware of our most current privacy policy.

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PRIVACY POLICY