VMA Privacy Policy

What does this policy cover

Welcome to VMA, the online and mobile service of Visual Marketing Australia Pty Ltd (hereby referred to as: “VMA,” “we,” or “us”). Our Privacy Policy explains how we collect, use, disclose, and protect information that applies to our Services (hereby referred to as the “Service”) including our website, and your choices about the collection and use of your information.

This policy sets out how VMA collects and uses the information that we collect about you when you use the VMA services. This policy also explains the choices that you can make about the way that we use your information.

Information we collect and its use:

We collect the following types of information about you:

Information you provide us directly:

We may ask for certain information such as a username, your first and last name, birthdate, phone number, profession and e-mail address when you register for a VMA account, or if you correspond with us. We may also retain any messages you send through the Service, and may collect information you provide in User Content you post to the Service. We use this information to operate, maintain, and provide to you the features and functionality of the Service. We may also use this information to correspond with you, and to address any issues you raise about the Service.

Information we may receive from third parties:

We may receive information about you from third parties. For example, if you access our websites or Service through a third-party connection or log-in, for example, through Facebook Connect, by “following,” “liking,” adding the VMA application, linking your account to the VMA Service, etc., that third party may pass certain information about your use of its service to VMA. This information could include, but is not limited to, the user ID associated with your account (for example, your Facebook UID), an access token necessary to access that service, any information that you have permitted the third party to share with us, and any information you have made public in connection with that service. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the VMA Service. You may also unlink your third party account from the Service by adjusting your settings on the third party service. If you unlink your third party account, we will no longer receive information collected about you in connection with that service.

Information we collect from you automatically:

We may directly collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser or mobile device, including the pages you visit and other information that assists us in improving the Service. We collect and use this analytics information in aggregate form such that it cannot reasonably be manipulated to identify any particular individual user.

Cookies information:

When you visit the Service, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets VMA help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the Service (e.g., the pages you view, the links you click and other actions you take on the Service), and allow us to track your usage of the Service over time.

You can control or reset your cookies through your web browser, which will allow you to customise your cookie preferences and to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled.

Log file information:

Log file information is automatically reported by your browser or mobile device each time you access the Service. When you use our Service, our servers automatically record certain log file information. These server logs may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information.

Clear gifs/web beacons information:

When you use the Service, we may employ clear GIFs (also known as web beacons) which are used to anonymously track the online usage patterns of our Users. In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. This information allows for more accurate reporting and improvement of the Service.

Device identifiers:

When you access the Service by or through a mobile device (including but not limited to smart-phones or tablets), we may access, collect, monitor and/or remotely store one or more “device identifiers,” such as a universally unique identifier (“UUID”). Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by VMA. A device identifier may convey information to us about how you browse and use the Service. A device identifier may remain persistently on your device, to help you log in faster and enhance your navigation through the Service. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.

Location data:

When you access the Service by or through a mobile device, we may access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device. Location data may convey to us information about how you browse and use the Service. Some features of the Service, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled. See here more details about our Cookies Policy.

How we use your information:

We use the information we collect about you for the following purposes:

Providing you with the Service: We use the information that you provide us to provide the Service to you. This includes allowing you to log in to VMA, operating and maintaining the Service, giving you access to your designs and billing you for transactions that you make via the Service. We also use information we collect about you automatically to remember information about you so that you will not have to re-enter it during your visit or the next time you visit the site.
For data analytics: We use information about you to help us improve the VMA Service and our users’ experience, including by monitoring aggregate metrics such as total number of visitors, traffic, and demographic patterns.
Customising the Service for you: We use information you provide us and information about you to make sure that your use of the Service is customised to your needs. For example, if you tell us your profession to recommend services that are likely to be relevant to you.
To communicate with you about the Service: We use your contact information to get in touch with you and to send communications about critical elements of the Service. For example, we may send you emails about technical issues, security alerts or administrative matters.
To promote and drive engagement with the VMA Service: We use your contact information to get in touch with you about features and offers relating to the Service that we think you would be interested in. We also use information we collect about you to make sure that you get the most relevant offers and promotions based on your use of the Service, and your preferences. You can opt-out of getting these communications as described below.
Customer happiness: We use information about you, information that you provide to our customer happiness team, and information about your interactions with the Service to resolve technical issues you experience with the Service, and to ensure that we can repair and improve the Service for all VMA users.
For security measures: We use information about you to monitor activity that we think is suspicious or potentially fraudulent, and to identify violations or this Privacy Policy or our Terms of Service.
For matters that you have specifically consent to: From time to time VMA may seek your consent to use your information for a particular purpose. Where you consent to our doing so, we will use it for that purpose. Where you no longer want us to use your information for that purpose you may withdraw your consent to this use.
For matters that we are required to use your information by law: VMA will use or disclose your information where we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Use or to protect the security or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of VMA, our Users or others.

Legal bases for processing information under the GDPR (for users in the EEA):

While VMA provide services predominantly to an Australian audience, there may be some users in the the European Economic Area (EEA) VMA processes your information in accordance with European laws and regulations such as the General Data Protection Regulation (GDPR). The GDPR governs how VMA may process your information, and the rights that EEA users have in relation to it. This means that VMA will collect and use your information only where:

We need it to provide you the Service and fulfil our obligations to you under our Terms of Service. This includes providing you with access to the information that you create in your designs.
It it justified because of a legitimate interest such as for research and development or marketing the Service (but only where our legitimate interest isn’t overridden by your interest in protecting your data).
You consent to us using your information in a certain way.
It is necessary for compliance with our legal obligations.

If you have consented to our use of your information you may withdraw that consent at any time. Depending on the situation you can either withdraw your consent by emailing: enquiries (at) visualmarketing (dot) com (dot) au, or through your account settings page. Where we are using your information because of a legitimate interest to do so, you have the right to object to that use. However, if you do so it may mean that it is not possible for you to continue using the Services.

Sharing your information:

We will not rent or sell your information into third parties outside VMA and its group companies (including any parent, subsidiaries and affiliates) without your consent, except as noted in this Section 2:

Who we may share your information with:

We may share your information with third-party service providers for the purpose of providing the Service to you and to facilitate VMA’s interests, as outline above . Those service providers will only be provided with access to your information as is reasonably necessary for the purpose that VMA has engaged the service provider, and we will require that such third parties comply with this Privacy Policy and any applicable laws.

Some of the third parties that VMA may share your personal information with include providers who assist VMA with functions such as:

Billing;
Customer support and customer management;
Email services;
Hosting and storage;
Analytics; and
Delivery of physical products;

Who you may choose to share your User Content with:

Any information or content that you voluntarily disclose for posting to the Service, such as User Content, becomes available to the public, as controlled by any applicable privacy settings. Subject to your profile and privacy settings, any User Content that you make public is searchable by other Users. If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other Users have copied or saved that information.

VMA may also share your information with third parties in certain circumstances, such as where:

we are required to do so as a result of a court order, subpoena or other legal requirement;
we believe that it is necessary to protect you or VMA, such as where we consider that there is a need to investigate potentially fraudulent or criminal activity; or
you have consented to our sharing it with a third party for a particular purpose.

VMA may also share your information with a third party in circumstances where we sell divest or transfer VMA (including any shares in VMA), or any combination of its products, services, assets and/or businesses to a third party. Information such as customer names and email addresses, User Content and other user information related to the Service may be among the items sold or otherwise transferred in these types of transactions. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganisations, liquidations, similar transactions or proceedings involving all or a portion of the VMA.

We may also aggregate or otherwise strip data of all personally identifying characteristics and may share that aggregated, anonymized data with third parties.

How we transfer, store and protect your data:

Your information collected through the Service may be stored and processed Australia or any other country in which VMA or its subsidiaries, affiliates or service providers maintain facilities. VMA may transfer information that we collect about you, including personal information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. As a result, we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to Australia or any other country in which VMA or its parent, subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.

Cross-border transfers of information (for users in the EEA):

For Users in the EEA, where we transfer your information to a third party provider that is not located in the EEA, and is not subject to an adequacy decision by the EU Commission, we will require those third party providers to enter into an agreement that provides appropriate safeguards for your information. From time to time we may also seek your consent to transfer your information to a third country outside the EEA.

Keeping your information safe:

VMA cares about the security of your information, and uses appropriate safeguards to preserve the integrity and security of all information collected through the Service. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from VMA, at all times. However, VMA cannot ensure or warrant the security of any information you transmit to VMA or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed. Your privacy settings may also be affected by changes to the functionality of third party sites and services that you add to the VMA Service, such as social networks. VMA is not responsible for the functionality or security measures of any third party.

Compromise of information:

In the event that any information under our control is compromised as a result of a breach of security, VMA will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

You control your account information and settings:

You may update your account information by logging into your account and changing your profile settings. You can also stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests. You may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). If you have any questions about reviewing or modifying your account information, you can contact us directly at: enquiries (at) visualmarketing (dot) com (dot) au.

Opting out of collection of your information for Tracking / Advertising:

Please refer to your mobile device or browser’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. Depending on your type of device, it may not be possible to delete or disable tracking mechanisms on your mobile device. Note that disabling cookies and/or other tracking tools prevents VMA or its business partners from tracking your browser’s activities in relation to the Service, and for use in targeted advertising activities by third parties. However, doing so may disable many of the features available through the Service. If you have any questions about opting out of the collection of cookies and other tracking/recording tools, you can contact us directly at: enquiries (at) visualmarketing (dot) com (dot) au.

Rights in respect of your Information:

The laws of some countries grant particular rights in respect of personal information. Users in those jurisdictions may have the right to:

Request a copy of your information;
Request that we correct inaccuracies relating to your information;
Request that your information be deleted or that we restrict access to it;
Request a structured electronic version of your information; and
Object to our use of your information;

Should you wish to make a request in respect of your personal information please contact us at: enquiries (at) visualmarketing (dot) com (dot) au.

In some circumstances VMA may not be able to comply with a request that you make in respect of your personal data. For example, we may not be able to provide a copy of your information where it infringes on the rights of another User. We may also be required to retain certain information that you ask us to delete for various reasons, such as where there is a legal requirement to do so. In some cases, you may have shared your information with third parties, such as by publishing a design on a third party’s website. In that case VMA will not be able to delete the information, and you will need to contact that third party directly.

If we are unable to resolve your request, or if you are concerned about a potential violation, you may be entitled to report the issue or make a complaint to the data protection authority in your jurisdiction.

How long we keep your User Content:

Following termination or deactivation of your User account, VMA may retain your profile information and User Content for a commercially reasonable time, and for as long as we have a valid purpose to do so. In particular, VMA may retain your information for the purpose of comply with its legal and audit obligations, and for backup and archival purposes.

Children’s privacy:

VMA does not knowingly collect or solicit personal information from children under the age of 18 and the Service and its content are not directed at children under the age of 18. In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us at: enquiries (at) visualmarketing (dot) com (dot) au.

Links to other websites and services:

We are not responsible for the practices employed by websites or services linked to or from the Service, including the information or content contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy does not apply to third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link or advertisement on our website, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible for and we do not exercise control over any third-parties that you authorize to access your User Content. If you are using a third-party website or service (like Facebook) and you allow such a third-party access to your User Content you do so at your own risk. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources other than through the Service.

How to contact us:

If you have any questions about this Privacy Policy or the Service, please contact us at: enquiries (at) visualmarketing (dot) com (dot) au.

Last Update: 7rd June 2018