Privacy Policy

01

About this policy

Kelly Creative is a business operated by Kevin Kelly as an Australian sole trader. This policy applies to personal information handled through the Kelly Creative website, enquiries, quotes, audits, repair work, care plans, agency support and other agreed services.

Most Australian small businesses with annual turnover of $3 million or less are not automatically covered by the Privacy Act 1988 (Cth), unless an exception applies or the business opts in. Whether or not the Act applies to a particular activity, Kelly Creative aims to handle personal information in a practical, transparent way consistent with the principles described in this policy. This statement does not itself opt Kelly Creative into the Privacy Act.

02

Personal information I may collect

The information collected depends on the enquiry or service. It may include:

• contact and identity information, such as your name, email address, phone number, business name and role;
• website and service information, such as a website address, the problem reported, desired outcome, screenshots, site configuration, hosting details and relevant technical records;
• access information, such as temporary user accounts or credentials supplied after scope is agreed through an appropriate channel;
• project and business records, including quotes, invoices, approvals, reports, correspondence, meeting notes and support history;
• payment and transaction information, such as payment status, invoice references and billing details. Full card details are handled by the payment provider and are not intentionally stored by Kelly Creative; and
• website usage and security information, such as IP address, browser, device type, pages visited, referring page, cookie identifiers, server logs and error or security events.

Kelly Creative does not intentionally ask for sensitive information. Please do not provide health information, government identifiers, financial account credentials or other sensitive material unless it is genuinely required and has first been discussed.

03

How information is collected

Information may be collected directly from you when you submit a form, email, call, request a quote, approve work, provide access, pay an invoice or communicate during a service.

Information may also be received from a person you have authorised, such as an employee, designer, agency, developer, hosting provider or other representative. Limited technical information may be collected automatically by website hosting, security, analytics and logging systems. Publicly available information may be reviewed when assessing a website or business enquiry.

04

Why I collect, use and hold information

Personal information may be used where reasonably necessary to:

• respond to an enquiry and decide whether Kelly Creative is an appropriate fit;
• prepare a quote, confirm scope, arrange payment and administer an agreement;
• verify that a person is authorised to request or approve work on a website or account;
• perform audits, repairs, maintenance, performance, accessibility or agency-support work;
• communicate progress, findings, approvals, risks, reports, invoices and support information;
• protect Kelly Creative, clients and websites from misuse, fraud, security incidents or unauthorised access;
• maintain accounting, tax, insurance, legal and service records;
• improve the website, forms, services and internal processes; and
• send marketing or service updates only where consent or another lawful basis exists.

05

Website forms and collection notices

Submitting an enquiry form does not commit you to purchase a service. The information is used to review and respond to the request, keep a record of the communication and, where relevant, prepare a proposed next step.

A short collection notice should appear beside each form and link to this policy. If a form asks for information that is not reasonably necessary, you may leave optional fields blank or contact Kelly Creative another way.

06

Cookies, analytics and technical logs

The website may use necessary cookies, security tools, server logs and Google Analytics 4 or a similar analytics service. These tools may collect or derive information about visits, devices, approximate location, referral sources and interaction with the website. Analytics information is generally used in aggregated or pseudonymous form to understand traffic, diagnose errors, improve performance and protect the site.

You can restrict or delete cookies through your browser settings. Blocking some cookies may affect website functions. Kelly Creative does not use analytics data to make decisions that produce legal or similarly significant effects about individuals.

07

Payments

Payments may be processed by a bank, accounting platform or online payment provider identified on the invoice or payment page. Those providers handle payment information under their own terms and privacy policies. Kelly Creative normally receives transaction details such as payer name, amount, date, status and reference, but does not intentionally receive or store full card numbers or card security codes.

08

When information may be disclosed

Information may be disclosed only where reasonably necessary to:

• technology and professional service providers that support hosting, forms, email, cloud storage, backups, analytics, security, project administration, accounting or payments;
• an agency, developer, hosting provider or other person you authorise to participate in the work;
• professional advisers, insurers or dispute-resolution providers where reasonably required;
• a purchaser or successor if the business is reorganised or transferred, subject to appropriate confidentiality and notice where practicable; or
• government, regulatory, court or law-enforcement bodies where required or authorised by law.

Kelly Creative does not sell, rent or exchange personal information for marketing lists or unrelated commercial benefit.

09

Overseas processing and storage

Some technology providers operate globally or use infrastructure outside Australia. Personal information may therefore be stored, processed or accessed in Australia, the United States or other countries identified in a provider’s privacy documentation. The exact countries can change as providers change infrastructure, so it is not always practicable to list every location.

Where the Privacy Act applies to an overseas disclosure, Kelly Creative will take reasonable steps required by law. Provider selection also considers the nature of the information, security controls and the service needed.

10

Client website data and access credentials

Technical work can expose Kelly Creative to personal information stored in a client website, email, database, backup or account. That information remains under the client’s control. Kelly Creative accesses it only as reasonably necessary for the agreed work and follows the client’s lawful instructions.

Clients must ensure they are authorised to provide access and should create a temporary, least-privilege account where possible. Credentials should not be sent through public forms. Access may be retained for an active care plan or support arrangement where agreed, and removed or returned when it is no longer required.

11

Security and data breaches

Kelly Creative uses reasonable administrative and technical measures appropriate to a small digital service business. These may include access controls, password management, multi-factor authentication, encrypted connections, reputable service providers, software updates, backups and deletion of access that is no longer needed.

No internet transmission or storage system can be guaranteed completely secure. If a suspected data breach occurs, Kelly Creative will contain and assess it, take reasonable remedial action and make notifications where required by applicable law.

12

Retention and deletion

Information is kept only for as long as reasonably needed for the purpose it was collected, an active client relationship, support continuity, legitimate business records, dispute management or legal, tax and accounting obligations. Retention periods vary by record type.

Temporary credentials and unnecessary working copies are removed when they are no longer required. Information may remain in protected backups until the normal backup cycle expires. When information is no longer required, it is deleted or de-identified where reasonably practicable.

13

Marketing communications

An enquiry or one-off service request is not automatically treated as consent to receive unrelated marketing. Commercial electronic messages will only be sent where consent or another lawful basis exists, will identify Kelly Creative and will include a functional way to unsubscribe. Unsubscribe requests will be honoured as required by the Spam Act 2003 (Cth). Service, security, invoice and project messages are not marketing and may still be sent where necessary.

14

Access, correction and privacy complaints

You may ask what personal information Kelly Creative holds about you, request correction, withdraw a marketing consent or raise a privacy concern. Some access may be limited where disclosure would affect another person, reveal confidential commercial information or be restricted by law.

Contact Kelly Creative through the contact page or phone 0413 244 735. Please describe the request and provide enough information to verify your identity. Kelly Creative will respond within a reasonable period.

If the Privacy Act applies and a complaint is not resolved, you may be able to complain to the Office of the Australian Information Commissioner.

15

Changes to this policy

This policy may be updated when services, technology, providers or legal obligations change. The current version and its last-updated date will be published on this page. Material changes will not be used to reduce rights retrospectively where that would be unlawful or unfair.