FP Surf Coast – Privacy Policy

1. PURPOSE

1.1 FP Surf Coast is committed to providing Users with the highest levels of service which includes

protecting each User’s privacy. FP Surf Coast respects the privacy and confidentiality of the

Information provided by Users and adheres to Australian Privacy Law. FP Surf Coast only collects

Information in order to properly and efficiently carry out its business and to facilitate the provision of

marketing and promotion services that may be of interest to Users.

1.2 Information about visitors to the Website is collected or stored only when knowingly and voluntarily

submitted. It will not be used, misused, sold, rented or divulged to any third party except in

accordance with this Privacy Policy.

1.3 This document sets out how FP Surf Coast may collect, hold and use Information. By providing

Information to FP Surf Coast, Users consent to its use, storage and disclosure in accordance with this

Privacy Policy. Users should read the terms of this Privacy Policy carefully.

2. DEFINITIONS AND INTERPRETATION

2.1 Defined terms

In this Privacy Policy:

(a) Australian Privacy Law means any applicable privacy legislation to which FP Surf Coast is

subject, including without limitation the Privacy Act 1988 (Cth) and the Privacy and Data

Protection Act 2014 (Vic);

(b) Client means any person or entity that engages FP Surf Coast for Services;

(c) Engagement means each of the following:

(i) any agreement between FP Surf Coast and a Client to provide Services; or

(ii) a person or entity visiting, accessing, browsing or otherwise using the Website;

(d) FP Surf Coast means Shane De Lange trading as FP Surf Coast (ABN 14 095 441 745);

(e) Information means Personal Information and Sensitive Information;

(f) Personal information means information or an opinion (including information forming part of

a database), whether true or not, and whether recorded in material form or not, about an

individual whose identity is reasonably apparent, or can be reasonably ascertained, from the

information or opinion.

(g) Privacy Policy means this privacy policy, as amended from time to time;

(h) Sensitive Information is defined in the Privacy Act to include things such as race, sexual

orientation, political opinions, members of a trade association or trade union, criminal record

or health information;

(i) Services means any services to be provided by FP Surf Coast to a Client;

(j) User means any person or entity that makes an Engagement with FP Surf Coast; and

(k) Website means www.functionalpatternssurfcoast.com.

3. COLLECTION

3.1 FP Surf Coast only collects Information by fair and Iawful means where it is reasonable and

practicable to do so.

3.2 The Information collected by FP Surf Coast about a particular User will vary depending on the

circumstances of collection. It may include, but is not limited to, a person's contact details (name,

email and/or postal address, phone number), date of birth, gender, credit card details, qualifications,

driver’s licence number, digital images of people or communication history with FP Surf Coast. If it is

reasonably necessary in the circumstances, FP Surf Coast may also collect Sensitive Information.

3.3 Sensitive information is afforded a higher level of privacy protection than Personal Information.

Where a User provides Sensitive Information to FP Surf Coast, the User provides consent to FP Surf

Coast collecting it in accordance with this Privacy Policy, unless the User tells FP Surf Coast

otherwise.

3.4 If a User does not provide FP Surf Coast with the Information it reasonably requests, FP Surf Coast

may not be able to fulfill the Engagement.

3.5 FP Surf Coast collects Information that Users provide:

(a) in forms submitted to FP Surf Coast;

(b) when visiting the Website;

(c) during telephone, or in person, communications with FP Surf Coast; and

(d) in written correspondence with FP Surf Coast (including email correspondence).

4. USE AND DISCLOSURE OF INFORMATION

4.1 FP Surf Coast may use and disclose Information collected from Users for the primary purpose for

which it is collected, for reasonably expected secondary purposes which are related to the primary

purpose and for any other purpose authorised by Australian Privacy Law. In general, FP Surf Coast

uses and discloses Information to:

(a) properly and efficiently carry out FP Surf Coast’s business;

(b) provide Services and fulfill Engagements;

(c) provide Client support, Client surveys and promotion;

(d) provide information about products, Service and/or special offers;

(e) obtain opinions or comments about Services from Users;

(f) record statistical data for marketing analysis;

(g) to inform Users about the products and services of commercial partners;

(h) conduct market research and/or to improve the Services;

(i) conduct Website administration and technical support;

(j) protect the rights, property or safety of FP Surf Coast, Users or third parties;

(k) market FP Surf Coast’s business and Services;

(l) communicate with Users; and

(m) comply with its legal obligations.

4.2 FP Surf Coast will use all reasonable means to protect the confidentiality of Information collected

from Users whilst it is in FP Surf Coast’s possession or control. FP Surf Coast does not and will not sell

or deal in the Information of Users. FP Surf Coast will not knowingly share any Information from

Users with any third party except where such Information is required to be disclosed in order to fulfil

an Engagement the User has made or in order to comply with a legal requirement, such as a law,

regulation, court order, subpoena, warrant or a law enforcement agency request.

4.3 If there is a change of control of FP Surf Coast (whether by merger, sale, transfer of assets or

otherwise) the Information of Users could be disclosed to a potential purchaser under a

confidentiality agreement. FP Surf Coast would only disclose the Information of Users in good faith in

such circumstances.

4.4 Any non-personal information, communications and material collected by FP Surf Coast from Users

may be kept, used and disclosed by FP Surf Coast on a non-confidential basis. FP Surf Coast is free to

use and reproduce any such information freely, and for any purpose whatsoever.

5. DATA STORAGE

Please note that Information submitted to and collected by FP Surf Coast may be stored on secure.

databases located both within Australia, and in some cases, on databases located overseas. If a User

does not want their Information being stored outside Australia they should not submit Information to

FP Surf Coast when using the Website or entering into an Engagement with FP Surf Coast.

6. ACCESSING AND UPDATING YOUR INFORMATION

6.1 All Users, or their authorised representative(s), have a right to access, update and correct

information that FP Surf Coast holds about them.

6.2 All Users may notify FP Surf Coast at any time by contacting FP Surf Coast’s to request that their

Information is amended or updated. FP Surf Coast will then take reasonable steps to correct the

Information in the manner requested.

7. COOKIES

7.1 To make the Website work properly, FP Surf Coast places small data files called cookies on the User’s

device. Most big websites do this too.

7.2 What are cookies?

A cookie is a small text file that a website saves on a computer or mobile device when a User visits

the site. It enables the website to remember a User’s actions and preferences (such as details of

data that you choose to submit to us through online contact forms etc).) over a period of time,

so they don't have to keep re-entering them whenever they browse from one page to another.

7.3 How does FP Surf Coast use cookies?

FP Surf Coast may use cookies to track use of the Website, and to compile statistics on visits to the

site in an aggregated form and log anonymous information. When a User visits the Website a

cookie may be placed on their machine. Where a User has visited the Website before, the cookie

may be read each time they re-visit the site. FP Surf Coast does not use this technology to access

any other Information of a User in FP Surf Coast’s records and a User cannot be personally

identified from a cookie.

7.4 How to control cookies

Users can control and/or delete cookies as they wish - for details, see aboutcookies.org. Users can

delete all cookies that are already on their computers and can set most browsers to prevent

them from being placed. If a User does this, however, the User may have to manually adjust

some preferences every time they visit a site and some services and functionalities may not

work.

8. CHANGE IN PRIVACY POLICY

As FP Surf Coast is committed to ensuring this Privacy Policy remains current, this Privacy Policy is subject

to change. FP Surf Coast may modify this Privacy Policy at any time, in FP Surf Coast’s sole discretion

and all modifications will be effective immediately upon FP Surf Coast posting the modifications on the

Website. User’s should return to the Website periodically to review the terms of this Privacy Policy.

9. COMPLAINTS AND FURTHER INFORMATION

9.1 If you have any questions about privacy-related issues or any complaints about alleged breaches by FP Surf

Coast of Australian Privacy Law please contact FP Surf Coast by emailing

surfcoast@functionalpatterns.com.

9.2 For further information about privacy, the protection of privacy and credit reporting can also be

found on visit the Office of the Australian Information Commissioner's website at www.oaic.gov.au.