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Privacy Policy

Nightjar Creative Pty Ltd and its related entities (We) respect the privacy of every person who visits or interacts with our websites and/or the websites of our clients (Sites); who uses our applications and/or the applications we build for our clients (Applications); and who otherwise utilises the goods and/or services that we provide (Services).

This Privacy Policy has been developed in accordance with the Privacy Act 1988 (Cth) (Privacy Act). The term “personal information”, as used in this Privacy Policy, is as defined under the Privacy Act.

This Privacy Policy explains our approach to the collection, storage and use of your personal information by us. By providing personal information to us, you accept the terms of this Privacy Policy. Please take a moment to read and understand it.


How we collect personal information

We may collect your personal information in any of the following ways:

  • when you log on or access a Site or Application;
  • when you utilise our Services;
  • during conversations or correspondence you have with us;
  • if you attend any of our events;
  • if we help our clients build, maintain and develop their own products, applications or software;
  • when you otherwise elect to provide personal information to us.

The types of personal information we collect

The types of personal information we collect from you will vary based on your interaction with us, but may include: your name; email address; physical address; password; gender; birthdate; phone number; and IP address.

Our purposes for collecting personal information

The personal information you provide to us is collected to enable us to:

  • provide, enhance and improve our Sites, Applications and Services;
  • manage our client and supplier relationships;
  • promote and market our Services;
  • manage enquiries;
  • conduct surveys, research and user insight and analysis of interactions with our Sites and Applications;
  • recruit personnel;
  • send marketing communications;
  • comply with any applicable law, court order, other judicial process, or the requirements of a regulator; and as otherwise required or permitted by law.

Sharing personal information with others

We may share your personal information with the following categories of third parties:

  • Web hosting, optimisation and management companies - who assist us with the hosting, operation, optimisation and maintenance of our Sites;
  • Storage - third party cloud storage providers that store our data on secure servers;
  • Clients – where we process your personal information as part of the Services we provide to clients, to allow us to advise them on key analytics relating to their websites and apps;
  • Service providers – who assist us with our Sites, Applications and Services, including user insight analytics providers and customer relationship management providers;
  • Professional advisors and regulatory bodies – to comply with our legal obligations and enforce legal rights.

Your consent

By your use of the Sites, Applications or Services, or otherwise by providing your personal information to us in any other circumstance, you consent to the collection, storage, use and disclosure of your personal information in accordance with this Privacy Policy and as otherwise permitted under applicable privacy laws.


Our use of cookies and similar technologies

We may use cookies, web beacons, pixels, log files and other technologies to collect personal information. This may include:

  • An IP address to monitor traffic and volume on the Sites;
  • A session ID to track usage statistics on the Sites; or
  • Information regarding your personal or professional interests, demographics, participation habits, experiences with our projects and interactive features.


We may use this information to measure the effectiveness of content and how visitors use the Sites, Applications and our Services.

If you choose to do so, you may configure your computer so that it disables “cookies” or does not accept them, however, this may impact the functionality of the Sites or Applications. Some cookies are deleted when you close down your browser. For more information on cookies, please visit Your Online Choices: www.youronlinechoices.com.au.


Third Party Links

Our Sites may contain links to third party websites and services. When you use a link to go from our Sites to another website or you request a service from a third party, this Privacy Policy no longer applies.

Your browsing and interaction on any other websites, or your dealings with any other third party service provider, is subject to that website’s or third party service provider’s own rules and policies.


Confidentiality and security of your personal information

We will use all reasonable endeavours to keep the personal information we collect and use in a secure environment, and we have implemented technical, administrative and physical security measures that are designed to protect personal information from unauthorised access, disclosure, use and modification. If you reasonably believe that there has been unauthorised use or disclosure of your personal information, please contact us using the method set out below.

If we no longer need your personal information, unless we are required under law or a court or tribunal order to retain it, we will take reasonable steps to de-identify or destroy your personal information securely, subject to our requirements to retain data to comply with our legal obligations and financial and audit obligations.


Access to information we hold about you

We will take reasonable steps to ensure that all your personal information we hold is accurate, up-to-date and relevant. You can request access to, corrections of, or erasure of your personal information held by us, or complain or object to the use of your personal information by us. You can contact us using the method set out below. We will respond to your request as quickly as possible.


Changes to this Privacy Policy

We may make changes to this Privacy Policy from time to time. We encourage you to review this Privacy Policy periodically to be informed of how we use your personal information. You will be deemed to have consented to changes to this Privacy Policy by your continued use of our Sites, Applications and Services following such changes being made.


How to contact us

If you have any questions about this Privacy Policy or want to exercise your rights set out in this Privacy Policy, please contact us by sending an email to info@nightjar.co.


We acknowledge and pay respect to the past, present and future Traditional Custodians and Elders of this nation and the continuation of cultural, spiritual and educational practices of Aboriginal and Torres Strait Islander peoples.