INKMONEY PRIVACY POLICY

General

INK MONEY INVESTMENTS PTY LTD ABN 16 661 743 513 and its related entities (referred to in this document as ‘we’, ‘us’ or ‘our’) operate the InkMoney.co website and other online platforms (Site’). We are committed to protecting the personal information we collect from you when you use our Site. The Privacy Act 1988 (Cth) (‘Privacy Act’), and the Australian Privacy Principles (‘APP’) govern the way in which we must manage your personal information and this policy sets out how we collect, use, disclose and otherwise manage personal information about you. We will not share or use your personal information, except as described in this Policy or unless you have otherwise provided us with your consent to do so.

Collection Types of information collected

To assist us in providing you with access to the Site and the services provided via our Site (‘Services’), we may collect and hold personal information. Personal information is information or an opinion about you or that reasonably identifies you, whether the information or opinion is true or not; and whether the information or opinion is recorded in a material form or not (‘Personal Information’). During the course of conducting our business and/or providing the Services, we will collect information which may include the following types of Personal Information:

  • your name;
  • date of birth;
  • contact details (including address, email address, phone number); and
  • financial information (such as credit card or bank account numbers)

The type of information we collect and hold about you depends on your relationship with us, your interaction with our Site and the account you hold with us. Further information on the different types of accounts may be found in our Terms of Business. Additional information (including Personal Information) depending on the account you hold with us may include:

Collector Account

  • preferred style(s) of tattoo;
  • special requests, information, identifying marks and images in connection with a request made by you for third party goods and service providers who advertise their business via our Site (‘Studios and/ or ‘Artists’) (including but not limited to the design, layout and placement of tattoos or details of the design, layout and placement of existing tattoos).

Studio Account

  • legal entity name;
  • business registration number (e.g. ABN);
  • business trading name;
  • tattooist or operator licence number (where required by law); and
  • identifying images representing your art and/ or studio for display on your profile for the purposes of advertising your goods and services to potential customers (‘Collectors’).

Artist Account

  • tattooist/operator licence number (where required by law);
  • details of employment with respect to studios you work at/are associated with; and
  • identifying images representing your art and/ or portfolio for display on your profile for the purposes of advertising your goods and services to potential customers (‘Collectors’).

The above are not exhaustive lists. We may need to collect additional information about you from time to time to provide products or services to you. You might also need to provide us with Personal Information about other individuals (e.g. your authorised representatives). If so, you warrant that you have obtained the consent of those individuals to disclose their Personal Information to us and for us to collect, use, disclose and manage their Personal Information in accordance with this privacy policy. You indemnify us from all claims, loss, damage, expense and liability in connection with your failure to obtain the consent of the individuals as required under this clause.

Purpose of collection

The type of Personal Information that we collect and hold about you depends on your interaction with us. Generally, we will collect, use and hold your Personal Information for the primary purposes of:

  • providing you with the Services;
  • to assist us to facilitate and administer Collectors’ requests with a Studio or an Artist (including but not limited to a Studio or an Artist with whom you wish to receive a quote);
  • referring you to a credit provider if you express interest in a payment plan;
  • to create and administer profiles and accounts and to provide related assistance;
  • to assist you quickly find software, services or information;
  • to alert you product upgrades, special offers, updated information and other new services from InkMoney.

Despite the above, we may also collect, use and hold your Personal Information for the purposes of (without limitation):

  • providing you with information about other services that we, our related entities and other organisations that we have affiliations with, offer that may be of interest to you;
  • facilitating our internal business operations, including the fulfilment of any legal requirements; and
  • analysing our services and customer needs with a view to developing new or improved services.
Method of collection

Personal Information will generally be collected directly from you through the use of any of our standard forms (such as when you create an account with us, contact us with a query or request, submit your details through our Site, by email or by social media). We may also collect information about you indirectly where it is unreasonable or impractical for us to collect it directly from you, for example:

  • from third parties such as our related entities, business partners, Studios, Artists, Collectors or your representatives;
  • from publicly available sources of information;
  • from our records of how you use our Services; and
  • from the third parties we list in the section of this Policy with the heading ‘Use and disclosure’.

We will usually notify you in advance when we indirectly collect information, or where that is not possible, as soon as reasonably practicable after the information has been collected. If you choose not to provide certain information, we may not be able to provide you with the products or Services you require, or the level of service on which we pride ourselves. If the Personal Information you provide to us is incomplete or inaccurate, we may not be able to provide you with the products or Services you require.

Internet users

If you access our Site, we may collect additional personal information about you in the form of your IP address and domain name.

Our Site uses cookies. The main purpose of cookies is to identify users and to prepare customised web pages for them. Cookies do not identify you personally, but they may link back to a database record about you. We use cookies to monitor usage of our website and to create a personal record of when you visit our website and what pages you view so that we may serve you more effectively.

Our website may contain links to other websites. We are not responsible for the privacy practices of linked websites and linked websites are not subject to our privacy policies and procedures.

Google Analytics

We also use third party services such as Google Analytics that collect, monitor and analyse this type of information in order to increase our Site’s functionality. These third-party service providers have their own privacy policies addressing how they use such information. Google Analytics is a service which transmits website traffic data to Google servers in the United States. Google Analytics does not identify individual users or associate your IP address with any other data held by Google. We use reports provided by Google Analytics to help us understand website traffic and webpage usage. By using this Site, you expressly consent to the processing of data about you by Google in the manner described in Google's Privacy Policy and for the purposes set out above. You can opt out of Google Analytics if you disable or refuse the cookie, disable JavaScript, or use the opt-out Services provided by Google.

Use and disclosure

Generally, we only use or disclose Personal Information about you for the purposes for which it was collected (as set out above) or for purposes which are directly related to one or more of our functions and activities. We may disclose Personal Information about you from time to time to:

  • If you are a Collector, to Artists or Studios. This is crucial to assist us in providing you with the Services and facilitating and administering a request for a quote. Artists and/ or Studios are then responsible for the privacy of the shared information and we accept no responsibility or liability for the privacy policies or practices of these Artists or Studios;
  • If you are an Artist or Studio, to Collectors;
  • Parties we involve to provide you with the Services. This includes, for example, financial institutions, Easylodge Pty Ltd ACN: 123 656 691 (where you have requested referral to this entity for the purpose of facilitating finance), advertisers and our related entities and other organisations with whom we have affiliations;
  • Our third party product or service providers, who assist us in operating our business (including to assist us in providing you with the products and/ or Services that you have requested or have expressed an interest in, customer support, market research, fraud detection and prevention services, payment services and marketing services). These service providers may not be required to comply with our Policy;
  • A third party where it is reasonably necessary to comply with a law, regulation or valid legal process. If we are required to release your data or other Personal Information, we will provide you with notice unless prohibited by law.
  • A third party if it is necessary and permitted by law in connection with the sale, merger, bankruptcy, sale of asserts or reorganisation of our company; Inform you of community posts, contests and surveys where you direct your information to be used for this purpose.

We may share your Personal Information to other parties if you direct or consent to us doing so. These third-parties are then responsible for the privacy of the shared information and, to the extent permitted by law, we accept no responsibility or liability for the privacy policies or practices of these third parties. You can revoke your consent to share with the third party at any time by contacting us.

Disclosure to overseas recipients

We are not likely to disclose your Personal Information overseas, except as permitted by the Privacy Act or under this privacy policy, unless we otherwise advise you in writing. The types of overseas companies we share information with, in order to deliver our service to you are as follows:

  1. Data and image storage and rendering companies such as Google LLC that assist us to store and process the data we collect (including companies in the USA and India);
  2. Payment service providers like ZOHO Subscriptions (Zoho Corporation) and Stripe, see below for more information; and
  3. Marketing service providers such as ZOHO Corporation, Twilio and Google Analytics see above for more information.
  4. Companies which provide professional services such as bookkeeping and invoicing services like Zoho Books (Zoho Corporation);
  5. In respect of Collector information – to Artists or Studios that may be located overseas;
  6. In respect of Artist or Studio information – to Collectors that may be located overseas
How we use your information for Direct Marketing

We may also use your information so that we, our related entities, and other business partners can promote and market products, services and special offers that we think will be of interest to you (which may include products, services and offers provided by a third party). This marketing may be carried out in a variety of ways (including by email, SMS/MMS, or social media) and may continue after you cease acquiring any products or services from us until you opt-out by contacting us using the contact details set out in the Contact section of this policy

How we hold your Personal Information

We may also use your information so that we, our related entities, and other business partners can promote and market products, services and special offers that we think will be of interest to you (which may include products, services and offers provided by a third party). This marketing may be carried out in a variety of ways (including by email, SMS/MMS, or social media) and may continue after you cease acquiring any products or services from us until you opt-out by contacting us using the contact details set out in the Contact section of this policy. The security of your Personal Information is of paramount importance to us. The Personal Information we collect from you may be:

  1. transferred to, and stored at a destination outside of Australia; and
  2. processed by staff operating outside of Australia who work for us or one of our affiliates.

We agree to take all reasonable steps to ensure these overseas entities handle your Personal Information in accordance with the Act and the APPs. When you provide, or otherwise allow us to collect, your Personal Information, you expressly consent to your Personal Information being disclosed to certain overseas recipients, as set out above and below under ‘Where we store your personal data’. Where we disclose your Personal Information to an overseas recipient, you agree that we will not be required to ensure the recipient’s compliance with Australian privacy laws or otherwise be liable or accountable for how the recipient handles your Personal Information. If you have any objections to your Personal Information being disclosed to an overseas recipient, please let us know by contacting us via the contact details noted below prior to disclosing any of your Personal Information to us. We have also taken measures to enhance the safety and security of your e-commerce transactions. When making payment of a subscription fee or accessing your personal account information, you’re utilising a secure server software SSL, which encrypts your Personal Information before it’s sent over the Internet. SSL is one of the safest encryption technologies available. If we no longer need your Personal Information for the purposes for which it was collected or for purposes which are directly related to one or more of our services or other functions and activities, we will take reasonable steps to securely destroy it or permanently remove all identifying features from that information. This obligation is subject to any legal requirement or court order to retain the information. We have also taken measures to enhance the safety and security of your e-commerce transaction.

Where we store your personal data

Our Site is hosted and operated in Australia and is subject to Australian law but. Our Site utilises third-party data companies to store your Personal Information which may be hosted in Australia but have data back-up facilities in India and the USA. Those companies include;

  • Google LLC (hosted in Australia, but with data back-up in the USA) for data and image storage and rendering.
  • Zoho Corporation (hosted in Australia, but with back-up's in India) for business process automation, customer relationship data management, bookkeeping and marketing support services.
  • Twilio Corporation (hosted in the USA) for SMS and email messaging If your account requires subscription payments, our Site’s payment page will be hosted by Zoho Corporation and Stripe.

(Collectively, ‘Third-Party Companies’)

Information on the Third-Party Companies manage your Personal Information can be found here:

Our policies for Minors

Our Services are not directed at persons under the age of 18 (‘Minor’). We do not knowingly collect Personal Information from Minors. If you are a parent or guardian and become aware that a Minor under your care has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a minor without verification of parental consent, we will take steps to remove and destroy that information from our system.

Data breach notification

We accept our obligation to keep Personal Information safe. Should personal data systems be breached or data is misused or lost, then we will take all reasonable and practicable means to contact individuals whose Personal Information is involved. We will advise such individuals of the extent of the data breach (if known) and advise individuals of the most appropriate means of regaining control of their Personal Information. If appropriate, we will also report any eligible data breach to the Office of the Australian Information Commissioner in accordance with the Privacy Act.

How you can access your Personal Information

You may access the Personal Information we or the Third-Party Companies hold about you, upon making a written request. We will respond to your request within a reasonable period and if necessary, will make a request on your behalf to the Third-Party Companies. We take all reasonable steps to ensure that the Personal Information we or the Third-Party Companies hold, use and disclose is accurate, complete and up to date. If, upon receiving access to your Personal Information or at any other time, you believe the Personal Information we or the Third-Party Companies hold about you is inaccurate, incomplete or out of date, please notify us immediately. We will take reasonable steps to correct the information so that it is accurate, complete and up to date. If we refuse to correct your Personal Information, we will give you a written notice that sets out our reasons for our refusal (unless it would be unreasonable to provide those reasons), including details of the mechanisms available to you to make a complaint. If you wish to access any of your Personal Information that we or the Third- Party Companies hold or would like to correct any errors in that information, please contact us using the contact details set out in the Contact section of this policy, so that we can consider and respond to your request. We may apply an administrative charge for providing access to your Personal Information in response to a request. We may decline a request for access to Personal Information in circumstances prescribed by the Privacy Act, and if we do, we will give you a written notice that sets out the reasons for the refusal (unless it would be unreasonable to provide those reasons).

Transfer of Personal Information

If you are located outside of Australia, you acknowledge and understand that your Personal Information will be transferred, processed and stored in Australia in accordance with this privacy policy. Australian privacy laws may not be as protective as those in your jurisdiction. When we disclose Personal Information in accordance with this privacy policy, it may be accessed from, transferred to, and/or stored outside the country in which you are located. The privacy laws in that country may be of a lower standard than those in your own country. We will use our best endeavours to safeguard your Personal Information in accordance with this privacy policy.

Complaints

You may use the contact details below to notify us of any privacy complaint you have against us, including if you think that we have failed to comply with the APP or any binding APP code that has been registered under the Privacy Act. We are committed to acknowledging your complaint in a prompt manner and will give you an estimated timeframe for when we will respond to your complaint. We will take reasonable steps to investigate the complaint and respond to you. If you are unhappy with the way that we handle your complaint you may make your complaint to the Office of the Australian Information Commissioner or, if you are located outside of Australia, the body responsible for administering the privacy laws in your country.

Contact

If you have any queries or concerns about our privacy policy or the way we handle your Personal Information, please contact our privacy officer by creating a ticket in our Help Centre at https://support.inkmoney.co/portal/en/newticket

Changes to our privacy and information handling practices

This privacy policy is subject to change at any time. Please check our privacy policy on our website, InkMoney.co regularly for any changes.

More information

For more information about privacy in general, you can visit the Office of the Australian Information Commissioner website at oaic.gov.au

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