(Effective 20 June 2003) Updated 02 February 2004
Alicia Laing trading as Creative Mode (ABN 76 768 215 113)
1.1 We understand that the privacy of your personal details
and the security of your transactions with us, is of paramount
importance to you. Creative Mode has therefore adopted data
protection policies with respect to your privacy and security.
abide by when dealing with personal information we collect
from individuals in the course of our business. We have based
our policy upon the Internet Industry of Australia's (IIA)
draft Privacy Code of Practice, which adopts internationally
recognised Privacy protection standards (such as the 'Safe
Harbour' principles required by most European countries).
The IIA Code also covers the requirements of the new Australian
1.2 Should you wish to contact us in relation to Privacy,
please contact us.
1.3 We may make alterations or additions to this policy from
time to time. Should we do so, we will update the policy on
our web site. We require that all our customers agree to abide
policy also applies to users of our web site who are not customers
of Creative Mode.
1.4 Please note that we cannot and do not assume any responsibility
for the privacy or security practices of any other web sites
which you may be able to access through our site, or for our
customers' level of compliance with our code.
2. What Information Do We Collect?
Creative Mode collects different information about you at
different times. There are four broad categories of information
that we collect from you:
2.1 Information we require to supply our services.
(a) When you first sign up or contract with Creative Mode
for our services, or when you make an enquiry about our services,
we request information such as your name, address, telephone
number, domain name, email details of your primary and secondary
contacts, credit card details (if you are paying online).
We may also ask for your age and gender.
(b) We may also monitor and/or record telephone conversations
with you from time to time in order to improve our service
2.2 Non personally identifying information.
(a) In addition to the information you specifically provide
above, Creative Mode operates statistics gathering software
on its web site to collect information about the number of
visitors coming to the site. No identifying information is
collected by this software. The software records the IP address
of the visitor only. We use this information to improve our
own technical structure and performance, and to determine
which areas of our web site are most popular.
(b) We may also use 'cookies'. Cookies are pieces of information
that a web site can transfer to an individual's computer in
order to allow that web site to store information about user
leaves our web site. Cookies are used to collect session ID's.
but you may find that this reduces the functionality of this
2.3 Other demographic information.
If you respond voluntarily to our surveys or other interactive
communications, we collect the responses and use the information
to improve the quality and range of Creative Mode's products
2.4 Personal information stored on a web site hosted by Creative
Creative Mode will have personal information stored on our
servers due to the fact that we host the web sites of other
organisations. Any information that is submitted to or collected
by these organisations will be physically located on a Creative
Mode server. This information, whether voluntarily provided
or not, will not be used or released by Creative Mode in any
manner, and it will be kept strictly confidential, unless
we are required to release the information by law.
3. How Do We Use Personal Information We Have Collected?
3.1 We collect and use your personal information to operate
our web site and deliver our services to you. We will use
your personal information to provide you with:
billing and credit control;
website updates and maintenance; and
3.2 You may stop the delivery of future promotional email
from Creative Mode by following the specific instructions
included in the email. These instructions will tell you how
to remove your name from our promotional email list.
3.3 We may use your personal information to:
(a) contact you in relation to upgrading your use of our
services, special offers (from us, or on behalf of third parties),
with newsletters, surveys, and individual service audits.
We may give extracts of our customer lists containing personal
information to third party contractors to do this on our behalf.
We will ensure that those contractors are bound to protect
your personal information to the same standard that we are.
(b) identify the source of new customers to Creative Mode;
(c) monitor and address complaints, other feedback, and to
(d) in the case of credit cards, to bill you for services;
(e) in the case of ABNs, to verify your identity;
(f) in the case of our partners who are IT professionals,
to ascertain your areas of specialty and to refer prospective
customers to you;
(g) maintain a technical and account history of your dealings
with us, and to reestablish your account with us where you
rejoin as a customer within six months after having terminated
(h) monitor your compliance with our Acceptable Use Policy
and other terms and conditions of supply;
(i) comply with our reporting and other obligations to third
party licensors (such as reporting to software suppliers the
number and identity of software licenses we have issued as
part of our products).
3.4 We will treat all information we collect from you as
strictly confidential. Creative Mode does not rent or lease
its customer lists to third parties. We will not reveal, disclose,
sell, distribute, rent, licence, share or pass onto any third
party (other than those who are contracted or supply services
to Creative Mode) any personal information that you may have
provided to us unless we have your express consent to do so,
other than in the circumstances set out in the next paragraph.
3.5 We will disclose your personal information, without notice
or your consent, only if:
(a) we are required to do so by law or in the good faith
belief that such action is necessary to conform with the laws,
applicable code of conduct or legal process served on us in
relation to our business or web site;
(b) to protect and defend the rights or property of Creative
(c) if we consider it necessary to do so in order to enforce
or apply the terms of any of our agreements with you;
(d) if we sell our business or part of it; and
(e) in extreme circumstances, to protect the personal safety
of users of Creative Mode's services, its web site, our staff
or the public.
4.1 Creative Mode have implemented security features to protect
your personal information from unauthorised access. We maintain
our servers in a controlled, secured environment. Only staff
who need to have access to your personal information in order
to perform their job function are authorised to access the
database. Constant changes to the internet and technology
mean that we cannot guarantee that data transmission will
be 100% secure, or safe from attack by unauthorised intruders.
4.2 You can elect to provide your details via our secure
web browser which encrypts information. In order to access
your personal information on our secure web browser known
as Mission Control, you will be required to input your username
and password. For this reason, it is safe to transmit your
credit card number over the internet, although no data transmission
can be absolutely guaranteed as secure. Please note that this
encryption is only available if you choose to use the encrypted
order form (SSL Security). If you use the normal order form
encryption will not take place and we cannot assure the security
of your details.
4.3 If you do not wish to provide your credit card details
over the internet when joining Creative Mode you can request
a print and fax order form.
5. Other Disclosure By You
5.1 You might provide personal information through your participation
in chat sessions, message boards, email exchanges or newsgroups
accessed via creativemode.com.au, or another service provided
by Creative Mode. This information is public and immediately
available to anyone who has access to such a site; it is not
private. Creative Mode urges you to enter only information
that you are comfortable to share with the public at large
to such information.
5.2 You should never reveal your password to third parties.
If you lose control of your password, you may lose control
over your personal information and may be liable for actions
taken on your behalf by third parties using your password
and/or personal information. Therefore, if your password has
been compromised for any reason, you should immediately change
5.3 If you collect personal information which you keep on
servers provided by Creative Mode as part of our service to
you (including email), you alone are responsible for compliance
with the Privacy Act 1988 (Cth) in respect of that information.
We take no responsibility for your dealings with personal
information you collect.
6. How To Access & Correct Your Personal Information
6.1 From time to time you may need to update your personal
information. We keep this information in a secure environment
which you can access through Mission Control at https://mc-au.server-secure.com/.
In order to amend any of your personal information, you will
be required to give your username and password.
6.2 If you contact us via telephone, you will need to answer
a few security questions before any personal information is
revealed or amended.
7. Children's Privacy
Creative Mode does not knowingly collect, use or market any
information to children without seeking parental or a guardian's
consent. We also urge you to familiarise yourself with your
legal responsibilities with regard to children and the internet,
which can be found in our Acceptable Use Policy.
If you have a complaint about any aspect of our Privacy
procedures, please contact our Privacy Officer. We will deal promptly with your complaint.
If we cannot resolve the complaint to your satisfaction within
a reasonable time, you or we may refer the complaint to the
(c) Creative Mode 2004