PRIVACY POLICY
PRIVACY POLICY (RESIDENTS OF THE
EUROPEAN ECONOMIC AREA)



PRIVACY POLICY

GMA Cards Pty Ltd A.C.N.169 722 267 as trustee for GMA Cards Trust trading as Newborn Posing A.B.N.24 989 551 791 (we, us, our, or Newborn Posing) recognises and values the protection of your personal information.

We recognise that you have an interest in our collection and use of your personal information via our website, which is located at www.newbornposing.com (the Website). We have implemented this Privacy Policy in order to be open and transparent about how we collect, hold, and use your personal information, and under what circumstances we may disclose or transfer your personal information. This Privacy Policy also outlines your rights to gain access to, and seek corrections of, your personal information we hold. Finally, this Privacy Policy provides information about how you can approach us about your privacy-related concerns and complaints, and how we will deal with such communications.

This Privacy Policy applies to information that Newborn Posing collects via this Website.

Please note that this Website Privacy Policy forms part of the Terms of Use document, which is displayed at the footer of each page of the Website.

 

RESIDENTS OF THE EUROPEAN ECONOMIC AREA

This is an Australian website that is subject to laws of Australia. However, if you’re a resident of any country that the General Data Protection Regulation (GDPR) applies to our activities, then please click here to learn about how we collect, share and use your personal information, and how you may exercise your privacy rights.

 

NON-RESIDENTS OF THE EUROPEAN ECONOMIC AREA

Information we collect and hold

From time to time, we may ask you to supply personal information such as your name, address, gender, date of birth, telephone number or e-mail address. However, under no circumstances will we request any information from you that may disclose your:

  • political, religious or philosophical opinions, beliefs, associations or affiliations;
  • racial or ethnic origin;
  • membership of a trade union, or a professional or trade association; or
  • criminal records.

We may also conduct surveys or market research and may seek other information from you on a periodic basis. These surveys will provide us with information that allows improvement in the types and quality of services offered to you, and the manner in which those services are offered to you.

 

Personal information via the Website

Most commercial websites use ‘cookies’, which are pieces of information that websites send to the browser and are stored in the computer hard-drive. Cookies make using the Website easier by storing information about your preferences on the Website. This allows the Website to be tailored to you for any of your return visits. Cookies will not identify you personally.

If you would prefer not to receive cookies, you can alter your security settings on your web browser to disable cookies or to warn you when cookies are being used. However, by disabling the cookie function in your web browser you may impede your ability to use parts of the Website.

 

Your option not to provide your personal information

Providing us with your personal information is absolutely optional, but may be necessary for us to provide you with our services. Whenever it is optional for you to provide us with non-essential personal information, we will make this clear to you. When you provide us with your personal information, you are consenting to our storage, use and disclosure of that information as outlined in this Website Privacy Policy.

We may from time to time run competitions or offer additional benefits to you and we may ask you to provide us with your personal details for these purposes. Providing us with this information is absolutely optional to you. However, if you do not provide your personal information to us we may not be able to contact you or give you access to the additional benefits.

You may opt out of these additional communications at any time. Please contact our Privacy Officer at support@newbornposing.com, by post at 22 Spine Street, Sumner, Queensland, Australia 4074 or by phoning +61 7 3189 1318.

 

Use and disclosure of your personal information

When we hold your personal information, it will be used for the following primary purposes:

  1. to ensure the proper functioning of the Website;
  2. to ensure the proper functioning of the Newborn Posing business and operations; and
  3. to assist Newborn Posing with our auditing, marketing, planning, billing, product development and research requirements.

 

We will not use or disclose (or permit the use or disclosure of) information that could be used to identify you in any circumstances except:

 

  • to ensure the proper functioning of our organisation and the Website;
  • to communicate promotional offers and special events to you;
  • where the law requires us, or authorises us, or a company holding data on our behalf, to do so; or
  • where you have given express consent to us for a prescribed purpose.

We will not sell, distribute, rent, licence, disclose, share or pass your personal information onto any third parties, other than those who are contracted to us to keep the information confidential whether subject to a statute or a scheme which imposes similar restrictions to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth), as amended, regarding the handling of personal information.

Should a third party approach us with a demand to access your personal information, we will take reasonable steps to redirect the third party to request the information directly from you, wherever it is lawful and reasonable for us to do so.

If we are compelled to disclose your personal information, to a third party we will take reasonable steps to notify you of this in advance, wherever it is lawful and reasonable for us to do so.

 

Security of personal information

In our organisation, personal information may be stored both electronically and in hard-copy form. We are committed to keeping your personal information secure regardless of the format in which we hold it and we take all reasonable steps to protect your information from misuse, interference, loss, and unauthorised access, modification or disclosure. However, you use the Website at your own risk and we accept no responsibility, whether we are deemed to have been negligent or not, in the event of a security that affects your privacy.

Note that no information transmitted over the Internet can be guaranteed to be completely secure. However, we will endeavour to protect your personal information as best as possible but we cannot guarantee the security of any information that you transmit to us, or receive from us. The transmission and exchange of information is carried out at your own risk.

 

Accuracy and quality of personal information

We will take all such steps as are reasonable in the circumstances to ensure that:

  • all information collected from you is kept accurate, up to date and complete; and
  • the personal information that we use or disclose is, having regard to the purpose of the use or disclosure, accurate, up-to-date, complete and relevant.

 

Access to your personal information

In most cases, you have the right to access the personal information that we hold about you. If you wish to access your personal information, please contact our Privacy Officer at support@newbornposing.com, by post at 22 Spine Street, Sumner, Queensland, Australia 4074 or by phoning +61 7 3189 1318.

We will deal with all requests for access to personal information as quickly as possible. Requests for a large amount of information, or information which is not currently in use, may require further time before a response can be given.

We may charge you a reasonable fee for access if a cost is incurred by us in order to retrieve your information, but in no case will we charge you a fee for your application for access.

Whenever a fee will be applied, you will be notified of how that fee will be calculated, or where possible, the total amount that will be charged. You will then have the option to decide whether to proceed with your access request.

In some cases, we will refuse to give you access to personal information we hold about you. This includes, but is not limited to, circumstances where denying access is required or authorised by or under an Australian law or a court/tribunal order or where giving you access would be unlawful; have an unreasonable impact on other people’s privacy; prejudice an investigation of unlawful activity; reveal our intentions in relation to negotiations with you so as to prejudice those negotiations; prejudice enforcement related activities conducted by, or on behalf of, an enforcement body; reveal evaluative information generated within the Newborn Posing business in connection with a commercially sensitive decision-making process.

We will also refuse access where the personal information relates to existing or anticipated legal proceedings, and the information would not be accessible by the process of discovery in those proceedings. Further, we will refuse access where your request is frivolous or vexatious, and where we reasonably believe that: giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety; unlawful activity, or misconduct of a serious nature, is being or may be engaged in against Newborn Posing and giving access would be likely to prejudice the taking of appropriate action in relation to that matter.

If we refuse to give you access we will provide you with reasons for our refusal, unless doing so would be unreasonable in the circumstances. We will also take reasonable steps to give you access in a way that meets your needs without giving rise to the reasons of our refusal. Further, we will provide details of how you may make a complaint about our decision.

These mechanisms for accessing your personal information operate alongside, and do not replace, other informal or legal procedures by which you may be provided with access to your personal information.

 

Correction of your personal information

The accuracy of the personal information we have requested from you is important to us. Should you suspect, or become aware of, that your personal information we hold is inaccurate, out of date, incomplete or misleading, please contact our Privacy Officer at support@newbornposing.com, by post at 22 Spine Street, Sumner, Queensland, Australia 4074 or by phoning +61 7 3189 1318.

We will deal with all requests for correction of personal information as quickly as possible. Requests relating to a large amount of information, or information which is not currently in use, may require further time before a response can be given.

If we refuse to change the personal information as you request, we will provide you with reasons for our refusal, unless doing to would be unreasonable in the circumstances. We will also provide details of how you may make a complaint about our decision. Further, in case of our refusal, you may request that we take reasonable steps to associate, with the relevant information, a statement that you view it as inaccurate, out of date, incomplete or misleading.

In the case we have corrected personal information about you, you may request that we take reasonable steps to give notice of the correction to any third party to which we have disclosed the inaccurate, out of date, incomplete or misleading personal information.

These mechanisms for correcting your personal information operate alongside, and do not replace, other informal or legal procedures by which you may be provided correction of your personal information.

 

Overseas transfer of personal information

We may transfer your personal information to overseas recipients. However, we will seek your consent prior to disclosing your information if the overseas recipient is not regulated in a way that equally reflects the Australian Privacy Principles. We will take reasonable steps to ensure an overseas recipient does not breach the requirements of the Privacy Act 1988 (Cth).

 

Concerns and complaints about breaches

If you have concerns about how we handle your personal information, it is important that you notify us as soon as possible, so that we can address your concerns appropriately as the circumstances require. Any concern or complaint should be made in writing. Please send it to our Privacy Officer at support@newbornposing.com, by post at 22 Spine Street, Sumner, Queensland, Australia 4074 or by phoning +61 7 3189 1318 and we will respond as soon as reasonably possible. Alternatively you may contact the Office of the Australian Information Commissioner with your concern. Information about lodging a complaint is available on the Office of the Australian Information Commissioner’s website (see in particular: http://www.oaic.gov.au/privacy/privacy-complaints).

 

Disposal of personal information not required

If we hold personal information about you, and we do not need that information for any purpose for which the information may be used or disclosed, we will take reasonable steps to destroy or de-identify that information unless we are prevented from doing so by law.

 

Unsubscribing from our e-mail database

To unsubscribe from our e-mail database, please send us an e-mail to support@newbornposing.com with “UNSUBSCRIBE” typed into the subject line of the email.

 

Contacting us

If you have any questions, concerns or ideas about how we could improve our Privacy Policy, please contact our Privacy Officer at support@newbornposing.com. Where you provide suggestions, materials or feedback it is considered non-confidential and we may, at our complete discretion, use it to improve the Website, service and/or how we handle personal information without any obligation to compensate you regardless of how we use, implement, copy, modify, display, distribute and/or otherwise benefit from your suggestions, materials or feedback.

 

Amendments of this Privacy Policy

We are obligated to regularly review and update this Privacy Policy. We therefore reserve the right to amend this Privacy Policy at any time. Should any significant amendments occur, notification will be provided by publication on the Website 14 days prior to the changes being implemented (the Notice Period) unless the circumstances of the amendments makes it unreasonable to provide such a Notice Period. Your continued use after the Notice Period has lapsed indicates your consent to be bound by the amended Privacy Policy.

For further information about privacy in general, please refer to the Office of the Australian Information Commissioner’s website located at http://www.oaic.gov.au.

 

This Privacy Policy was last updated on 19 June 2018. To download a PDF version of this Privacy Policy, click here. Alternatively, please contact our Privacy Officer at support@newbornposing.com, by post at 22 Spine Street, Sumner, Queensland, Australia 4074 or by phoning +61 7 3189 1318 and we will gladly send you a copy free of charge.

 



PRIVACY POLICY (RESIDENTS OF THE EUROPEAN ECONOMIC AREA)

GMA Cards Pty Ltd A.C.N.169 722 267 as trustee for GMA Cards Trust trading as Newborn Posing A.B.N.24 989 551 791 (we, us, our, or Newborn Posing) recognises and values the protection of your personal information.

We recognise that you have an interest in our collection and use of your personal information via our website, which is located at www.newbornposing.com (our Website). We have implemented this Privacy Policy in order to be open and transparent about how we collect, hold, and use your personal information, and under what circumstances we may disclose or transfer your personal information. This Privacy Policy also outlines your rights under the General Data Protection Regulation (GDPR).

Please note that this Privacy Policy forms part of the Terms of Use document, which is displayed at the footer of each page of our Website.

As a resident of a country that the GDPR applies to our activities, you have particular rights with respect to your personal information. This Privacy Policy sets out information about:

  • information we collect and hold about you;
  • our use and disclosure of your personal information;
  • the legal basis we rely upon to process your personal information;
  • your rights over your personal information;
  • the security of personal information;
  • our disposal of personal information, when no longer needed;
  • overseas transfer of personal information;
  • the use of cookies and online tracking technologies;
  • privacy relating to persons aged under 16 years; and
  • contacting us with any questions or concerns that you may have.

Information we collect and hold

Wherever possible, you can elect to remain anonymous, or use a pseudonym, in interacting with us (for example, when making an enquiry).

From time to time, we may ask you to supply personal information such as your name, address, date of birth, telephone number, e-mail address or cookies and usage data. However, under no circumstances will we request any information from you that may disclose your:

  • political, religious or philosophical opinions, beliefs, associations or affiliations;
  • health and sexuality;
  • racial or ethnic origin;
  • membership of a trade union, or a professional or trade association; or
  • criminal records.

We may also conduct surveys or market research and may seek other information from you on a periodic basis. These surveys will provide us with information that allows improvement in the types and quality of services offered to you, and the manner in which those services are offered to you.

How we collect your personal information

We use various methods to collect personal information about you, including:

Direct interactions – you may provide us with your personal information by filling in forms or by corresponding with us, in various ways.

Automated technologies or interactions – we may, as you interact with our Website, automatically collect information about your equipment, browsing actions and patterns. We collect this information by using cookies and other online technologies. Please see our Cookie Policy for further details.

Use and disclosure of your personal information

When we hold your personal information, it will be used for the following primary purposes:

  • to ensure the proper functioning of our Website;
  • to ensure the proper functioning of our business; and
  • to assist us with our auditing, marketing, planning, billing, product development and research requirements.

We will not use or disclose (or permit the use or disclosure of) information that could be used to identify you in any circumstances, except:

  • to ensure the proper functioning of our business and the Website;
  • to communicate promotional offers and special events to you;
  • where the law requires us, or authorises us, or a third party holding data on our behalf, to do so; or
  • where you have given express consent to us for a prescribed purpose.

We will not sell, distribute, rent, licence, disclose, share or pass your personal information on to any third parties, other than those that are contracted to us, to keep the information confidential.

Should a third party approach us, with a demand to access your personal information, we will take reasonable steps to redirect the third party to request the information directly from you, wherever it is lawful and reasonable for us to do so.

If we are compelled to disclose your personal information, to a third party, we will take reasonable steps to notify you of this in advance, provided that it is lawful and reasonable for us to do so.

Legal basis we rely upon to process your personal information

The GDPR sets out numerous grounds upon which we may lawfully collect and process your personal information, including:

  • where you have provided us with your consent to do so;
  • where we need to perform a contract with you;
  • where we are required to comply with the law;
  • for payment processing purposes; and
  • when processing of your personal information is in our legitimate interests and it’s not overridden by your rights.

Consent

We can collect and process your data if we have your consent. In many circumstances, if we rely on your consent as our legal basis for processing your personal data, you have the right to withdraw that consent, at any time.

Contractual obligations

In many circumstances, we require your personal information to comply with contractual obligations. For example, we collect your identity and contact information when we provide you with our goods or services. If you are unable to provide such information to us, we may not be able to perform the contract we have with you or your business, or enter into a contract with you or your business.

Legal compliance

We may need to collect and process your personal data, if the law requires us to. If you are unable to provide such information to us, we may not be able to perform the contract we have with you or your business, or enter into a contract with you or your business.

Legitimate interests

We will often require your personal information to pursue our legitimate interests, in a way which might reasonably be expected as part of running our business and which does not materially impact upon your rights, freedoms or interests. For example, it may be in our legitimate interests to use your personal information for marketing purposes to assist us with the growth of our business.

Please email us if you require details of the specific legal ground we are relying on to process your personal information.

Your rights over your personal information

You have a number of rights with respect to the personal information that we hold about you. These rights are subject to certain exemptions and differ across the jurisdictions, in which we may operate.

Request access to the personal information that we hold about you

Subject to any applicable exceptions, we will provide you with a copy of your personal information, within the timeframes set out in relevant legislation. If you reside within the EU, then we will do this at no charge, in accordance with the GDPR.

Right to rectification

You have the right to have us rectify any inaccurate information that we hold about you.

Right to erasure

You will, in certain circumstances, have the right to request that we delete or remove your personal information. Whenever you have given us your consent to use your personal information, you have the right to change your mind, at any time, and withdraw that consent. In cases where we are processing your personal information on the basis of our legitimate interests, you can ask us to stop processing your information, for reasons connected to your individual situation. We must then do so, unless we believe that we have a legitimate reason to continue processing your personal information.

Right to data portability

You will, in certain circumstances, have the right to obtain your personal information in a structured, commonly used and machine-readable format. You also have the right to request that we transfer your personal information, to a third party, without any hindrance from us.

Right to object

You will, in certain circumstances, have the right to object to our processing of your personal information. Where personal information is being processed for direct marketing purposes, you have a right to object at any time

Right to withdraw consent

You have the right to withdraw your consent, at any time, for us to process your personal information. We may ask you to verify your identity before responding to such requests.

Rights in relation to automated decision-making and profiling

You will, in certain circumstances, have a right not to be subject to a decision that is based on automated processing, where the decision will produce a legal effect, or a similarly significant effect on you.

To protect the confidentiality of your personal information, we will require you to verify your identity before proceeding with any request. If you have authorised a third party to submit a request to us on your behalf, then we will ask them to prove they have obtained your permission to act on your behalf.

Security of personal information

We may store personal information, both electronically, and in hard-copy form. We are committed to keeping your personal information secure, regardless of the format in which we hold it and we take all reasonable steps to protect your information from misuse, interference, loss, and unauthorised access, modification or disclosure. However, you use our Website at your own risk and we accept no responsibility, whether we are deemed to have been negligent or not, in the event of a security that affects your privacy.

Overseas transfer of personal information

We may transfer your personal information, and have it maintained on computers, outside of your state, province, country or other governmental jurisdiction, where data protection laws may differ than those from your jurisdiction. Your consent to this Privacy Policy, followed by your submission of such information, represents your agreement to that transfer.

We will take reasonable steps to ensure that your personal information is treated securely and in accordance with this Privacy Policy, and no transfer of your personal information will take place to any organisation or country, unless there are adequate controls in place, including the security of your personal information.

Disposal of personal information not required

If we hold personal information about you, and we do not need that information for any purpose for which the information may be used or disclosed, we will take reasonable steps to destroy or de-identify that information, unless we are otherwise prevented from doing so by law.

Cookies data and online tracking technologies

We may use cookies, beacons, tags, scripts, and other online tracking technologies (collectively, referred to as Cookies) to collect and use personal information about you and to serve you with Internet-based advertising. For further information about the types of Cookies we use and why, as well as how you can control Cookies, please see our Cookie Policy.

Privacy relating to persons under the age of 16 years

We do not knowingly collect personally identifiable information from anyone under the age of 16. If you are under 16 years of age, then your parent or guardian must provide us with consent for us to process your personal information.

Contacting us and complaints

If you have any questions or concerns about our Privacy Policy, or if you wish to lodge a privacy-related complaint, please email our Privacy Officer

Amendments of this Privacy Policy

We undertake to regularly review and update this policy. We therefore reserve the right to amend this Privacy Policy at any time. Should any significant amendments occur, notification will be provided by publication on our website 14 days prior to the changes being implemented (the Notice Period), unless the circumstances of the amendments makes it unreasonable to provide such a Notice Period. Your continued use after the Notice Period has lapsed indicates your consent to be bound by the amended Privacy Policy.

This Privacy Policy was last updated on 20 June 2018.