Studio Ninja Pty Ltd – Privacy Policy

Studio Ninja Pty Ltd ABN 90 607 557 755 (“we“, “us” or “our” or “Studio Ninja”) is committed to respecting and protecting your privacy.

This privacy policy sets out the basis on which we will process any personal data we collect from visitors to the website(s) operated by us from time to time (“website”) and users of our service (“you” or “your”). By accessing our website and/or using our service, you accept this privacy policy and our use of your personal data in accordance with it.

This privacy policy applies to you regardless of the location from which you access the website or use our service. However, if you are not a citizen of the European Economic Area (“EEA”), some provisions of this privacy policy will not apply to you and, where possible, we will indicate which provisions of this privacy policy only apply to citizens of the EEA.  

As an Australian company we may be bound by the Privacy Act 1988 (Cth) (“Privacy Act”) and this privacy policy explains how we will comply with any obligations we may have under the Privacy Act. We do not assume obligations under the Privacy Act only by having, and complying with, this privacy policy.

We advise you to read this privacy policy carefully together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are aware of how and why we are using your data. This privacy policy supplements the other policies and notices and does not override them.

For the purposes of this privacy policy, the General Data Protection Regulation ((EU) 2016/679) (“GDPR”) and all successor legislation to the GDPR (the “Data Protection Legislation”), Studio Ninja is the controller and is responsible for your personal data.

Information we collect from you

Personal data, or personal information, means any information about an individual from which that person can be identified. Personal data does not include data where the identity has been removed (“anonymous data”).

The kinds of information we may collect, use, store and transfer, and the ways we might collect such information, are as follows:

• Information you give us. This is information about you that you give us by filling in forms on our website or by corresponding with us by phone, e-mail, by giving us your business card or otherwise. It also includes information you provide when you request information about, apply for, or use our services, subscribe to our newsletter or services, request marketing to be sent to you, when you report a problem with our site and when you give us feedback. The information you give us may include your name, address, e-mail address, workplace address phone number (including mobile phone number).
• Information we collect about you. Each time you visit our website, we may automatically collect technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your location data, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform.
• Information we receive from other sources. We may receive personal data about you from various third parties including for example group companies, marketing companies or other business partners, sub-contractors in technical services, advertising networks, analytics providers and search information providers.

We do not collect any special categories of personal data about you. This type of data includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. Nor do we collect any information about criminal convictions and offences.

Please note that where we need to collect personal data by law, and you fail to provide the data requested, we may not be able to answer your requests and/or provide our service to you, but we will notify you if this is the case.

1. Uses made of your information

We will only use your personal data when the law allows us to. Most commonly, we will use your personal information:

• to carry out our obligations arising from any contracts entered into between you and us or to take steps at your request before entering into any contracts;
• to comply with any legal obligations to which we are subject; or
• where it is necessary for our or a third party’s legitimate interests but except where such interests are overridden by your interests or fundamental rights and freedoms.

Generally, we do not rely on consent as a legal basis for processing your personal information other than in relation to sending third party direct marketing communications to you via email.

2. Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are, where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.

Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

3. Additional Limits on Use of Your Google User Data

Notwithstanding anything else in this Privacy Policy, if you provide us access to the following types of your Google data, our use of that data will be subject to these additional restrictions:

• We will only use access to read, write, modify, or control Gmail message bodies (including attachments), metadata, headers, and settings to provide a web email client that allows users to compose, send, read, and process emails and will not transfer this Gmail data to others unless doing so is necessary to provide and improve these features, comply with applicable law, or as part of a merger, acquisition, or sale of assets.
• We will not use this Gmail data for serving advertisements.
• We will not allow humans to read this data unless we have your affirmative agreement for specific messages, doing so is necessary for security purposes such as investigating abuse, to comply with applicable law, or for our internal operations and even then only when the data have been aggregated and anonymized.

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

We may use your identity, contact details, usage data, technical data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services, offers or newsletters may be relevant for you.

You will receive marketing communications from us (including newsletters) if you have requested information from us, done business with us or if you provided your details to a third party that was authorised to transfer those details to us under an agreement they have with you and in each case, where you have not opted out of receiving that marketing.

We will get your express opt-in consent before we share your personal data with any company outside Studio Ninja for marketing purposes.

You can ask us to stop sending you marketing messages at any time by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data you provided to us as a result of a contract we are performing for you or other transactions.

Change of purpose

We will only use your personal data for the purposes for which we collected it unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to be given an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so, or otherwise request your consent.

Please note that we may process your personal data without your knowledge or consent in compliance with the above rules and that we will do so only where this is required or permitted by law.

3. Disclosure of your information

We may have to share your personal information with the third parties set out below or any other third parties notified to you, for the purposes set out in clause 2 above:

• Professional advisers including lawyers, bankers, auditors and insurers.
• Regulators and other authorities who require reporting of processing activities in certain circumstances.
• Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.
• Third parties who process subscription payments, send emails to you and/or provide support services to users.
• Third parties who provide us with the infrastructure necessary to provide the website and the service, including server providers, data processors, email hosts and cyber-security providers.
• Fraud prevention agencies.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law.

We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

4. International transfers

The majority of our data processors are in Australia. Therefore, if you are accessing our website or service from within the EEA, processing of your personal data may involve the transfer of your data outside the EEA and you explicitly consent to the processing of your personal data outside the EEA. Besides Australia, and without limitation, we foresee disclosing personal data to recipients in the following countries:

1. United States of America
2. United Kingdom
3. Ukraine.

Regardless of where you are located, where we transfer your personal data outside of the jurisdiction of the privacy laws applying to you, we ensure a similar degree of protection is afforded as applies to you in your jurisdiction. We do this by implementing at least one of the following safeguards:

• We will only transfer your personal data to countries that we determine are subject to the same level of protection for personal data as applies to your home jurisdiction.
• Where applicable, we may use specific contracts approved by the European Commission which give personal data the same protection it has within the EEA.

If you access our website or services from within the EEA such that the GDPR applies to us in respect of you, then we will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission or to which we can impose or adopt necessary safeguards to ensure the protection of your personal data and your rights in respect of it.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

5. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

However, please remember that the transmission of information via the internet is never completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the website, and any such transmission is at your own risk.

We have put in place procedures to deal with any suspected personal data breach and will notify you or any applicable regulator of a breach where we are legally required to do so.

6. Retention

We will only retain your personal information for as long as is necessary to carry out the purpose for which it was collected, including for the purposes of satisfying any legal, accounting or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means and the applicable legal requirements.

If you wish to request the deletion of your personal data, please contact us at support@studioninja.co, and we will process your request in accordance with applicable data protection laws.

7. EEA citizen rights

This provision 7 does not apply to you if you are not a citizen of the EEA.

If you are a citizen of the European Economic Area, you may be entitled to the following rights under the Data Protection Legislation:

• Where you have provided your consent to the processing of your personal data for third party marketing purposes, you have the right to withdraw such consent at any time by contacting us.
• You can ask us to rectify any inaccuracies in the personal information that we hold about you.
• You can request the erasure of personal information that we hold about you where there is no good reason for us to continue processing it, where you have successfully exercised your right to object to processing, where we may have processed you information unlawfully or where we are required to erase your personal data to comply with local law.
• To object to our processing of your personal data where we are relying on a legitimate interest (or that of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• To restrict our processing of your personal data (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• To request a copy of your personal data from us in a commonly used and machine-readable format or that we transmit your personal data to another data controller.
• Not to be subject to automated decision-making (including profiling) which has legal or other significant effects on you.
• To access information held about you. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

If you wish to exercise any of the above rights at any time please contact us.

8. Your obligation to protect your personal data

If you have an account with us you acknowledge that the username and other information associated with identification of your account, including any account picture, may be visible to other users of our service. Using the account, you may be able to, and assume responsibility for, without limitation:

1. share personal data and other information with other users of our service;
2. share personal data via third party platforms including social media platforms; and
3. comment on blog, or otherwise communicate with other users of the service.

If you have an account with us, it is important that you use the account in a way which protects your personal information. You must also protect your account credentials, including your password. Without limiting any specific requirements we may impose from time to time concerning account passwords, your password should contain unique letters, numbers and special characters, and you should not share your password with any third party.

If you disclose or lose control of your password or your personal data to a third party, you may be responsible for all actions taken in the name of your account.

If you suspect that your password or account with us has been compromisedised in any way, you must immediately notify us and must also take steps to remedy the situation, including by changing your password.

When accessing the account you have with us or otherwise accessing the service we provide to you, you must not do or permit any act that may compromise, give access to, or enable use of, the personal data of any other person. If you suspect that any of these things may have occurred, you must immediately notify us and must also take steps within your power to remedy the situation.

9. Links to and from our site

Our site may, from time to time, contain links to and from the websites of our partners and affiliates. If you follow a link to any of these websites, please note that these websites may have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

10. Access and correction of personal information

It is important that the personal data we hold about you is accurate and current. We ask that you keep us informed if your personal data changes during your relationship with us.

You can access and amend much of your personal data by logging into the account by which you access the services we provide to you. In most cases, we will not amend your personal data which you can access and update via your account with us, and this is because it may be difficult for us to identify you.  

If you wish to access personal data we hold about you which is not accessible via your account with us, or if you do not have an account with us, you may contact us and request such access. You acknowledge that, before confirming whether we hold any personal data concerning you or granting you access to such data, we may take all steps we determine to be necessary to verify your identity. You further acknowledge that we are not compelled to provide you with personal data concerning any person other than you.

11. Changes to our privacy policy

We reserve the right to change this privacy policy at any time, including by modification, deletion and/or substitution.

Any changes we make to our privacy policy in the future will be posted on this page or otherwise notified to you. By your continued access of the website and/or use of the service, you accept any changes to this privacy policy from time to time.

Please check back frequently to see any updates or changes to our privacy policy.

12. Contact with us and complaints

If you have any questions concerning your personal data and our use of it, or a complaint relating to our privacy policy or our use of your personal data, please contact us in the first instance. You can contact us by:

Telephone: +61 402 080 770

Email: chris@studioninja.co

Upon receipt of a complaint, we will use our reasonable endeavours to undertake such investigation as we consider to be necessary. We may ask you to provide us with further information concerning your complaint, and/or the action(s) you wish for us to undertake by way of outcome. Upon conclusion of our investigation, we will notify you of any findings we have made and any outcome we propose.

If you remain dissatisfied with our investigation of your complaint, including if we do not properly respond to you within 30 days if you are in Australia, you may make a complaint to the local supervisory authority for data protection where you are. If you are in Australia, the relevant body is:

Office of the Australian Information Commissioner

Postal: GPO Box 5218

Sydney NSW 2001

Phone: 1300 363 992

Fax: +61 2 9284 9666

Email: enquiries@oaic.gov.au

Web: https://www.oaic.gov.au/individuals/how-do-i-make-a-privacy-complaint