Privacy Policy

Date: 10 August 2021

Introduction

  1. Six Black Pens Pty Ltd ABN 51 141 852 422 (“Six Black Pens”, “we”, “our”, or “us”) are committed to respecting the privacy of your personal information. This Privacy Policy explains how we deal with your personal information that we collect, use, hold, disclose or process.
  2. We will update this Privacy Policy from time to time when we change how we deal with personal information. We will post any changes to this Privacy Policy on our Websites, so we encourage you to check this Privacy Policy from time to time.
  3. In addition to the provisions of this Privacy Policy, there may also be specific and additional privacy and consent provisions that apply to certain collection channels of personal information. Because those specific and additional provisions also relate to your privacy protection, we recommend that you review them wherever they appear. In the event of any inconsistency between the provisions of this Privacy Policy and those other specific and additional provisions, the specific and additional provisions will prevail.

Definition of personal information

Throughout this Privacy Policy, we use the term ‘personal information’ to refer to information or an opinion that identifies or locates a natural person, including when combined with other reasonably available data (including but not limited to when combined with other data using available technologies, Artificial Intelligence, or information to identify or locate a natural person), can be used to identify or locate a natural person whether the information or opinion is true or not; and whether the information or opinion is recorded in a material form or not. For example, your full name, date of birth, address, mobile telephone number, email address, and location settings are examples of information which may constitute personal information. Personal information may also include information we may collect about your individual preferences. However, personal information does not include information that is appropriately de-identified or made anonymous and cannot be combined with other data using available technologies, Artificial Intelligence, or information to identify or locate a natural person.

Problems, Complaints or Queries

  1. If you have any questions about our Privacy Policy, or any problems or complaints about how we have collected, used, stored, handled, disclosed and/or processed your personal information, please contact our privacy officer via:
  2. Please allow 30 days for this request to be processed. On receipt of your query, problem or complaint a review will be conducted and findings will be communicated to you where required. If you do not receive a satisfactory response to your query, problem or complaint within 30 days, you may refer your query, problem or complaint to the Office of the Australian Information Commissioner via the contact details listed at https://www.oaic.gov.au/about-us/contact-us/, or to the data protection supervisory authority in your country.

On what basis do we process your data?

Lawful basis of processing

  1. Six Black Pens will only collect, monitor, use, disclose, or process any personal information about you with your consent (which we endeavour to obtain at the same time as collecting your personal information) or if it is otherwise lawful to do so. The only personal information collected by us is what has been provided to or collected by us in accordance with this Privacy Policy or has been provided to us lawfully by third parties. We will generally deal with your personal information for the primary purposes set out in this Privacy Policy.
  2. Six Black Pens may also rely on the lawful bases of contract and legitimate interest. That is, where you enter into a contract with us, Six Black Pens will process your personal information because it is necessary for the performance of that contract with you. In some circumstances, such as fraud prevention, Six Black Pens may also have a legitimate commercial interest in processing your personal information. Six Black Pens may also request your explicit consent to process your personal data from time to time for various purposes.
  3. Six Black Pens reserves the right to use or disclose any information, including personal information, as needed to satisfy any law, regulation or legal request, to protect the rights or property of Six Black Pens, any member of the Six Black Pens group, or any member of the public, to protect the integrity of a Website, to fulfil your requests, or to cooperate in any law enforcement investigation or an investigation on a matter of public safety.

When and how do we collect personal information?

Collection Channels

  1. We (or our subcontractors) collect and combine personal information in a number of ways through the following channels (each, a Collection Channel):
    1. through our clients and service providers as a result of the provision of professional services to our clients, and other legitimate third party sources;
    2. through physical and other ad-hoc channels of collecting personal information in relation to events, activations, or promotions (such as through paper forms or tablets);
    3. our online properties (here and after, each a “Website”), including:
      1. our websites, including but not limited to https://sixblackpens.com/,
      2. any related Six Black Pens website, social media page, internal website, intranet and any Six Black Pens mobile or tablet applications, and
    4. any other means through which an individual provides personal information to Six Black Pens, including either physically or electronically.

Active Information Collection

  1. Personal information may be collected and combined via our Collection Channels if you:
    1. sign-up and/or register to become a member of any Collection Channel, or provide your details to us or our clients via any Collection Channel;
    2. subscribe to any newsletters, updates, alerts or news and media releases, or request launch or event information or information about our products or services or other information services;
    3. have previously provided us with personal information prior to this Privacy Policy coming into effect, either directly from you personally or via a third party;
    4. complete and submit any forms or surveys provided to Six Black Pens, either physically or electronically;
    5. conspicuously publish or provide on request your personal information to Six Black Pens;
    6. contact us or directly in person or via any medium including mail, telephone, social media and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) including via the contact details listed on a Website;
    7. participate in any events, offers, promotions, competitions or marketing activities of Six Black Pens, or service providers;
    8. interact with a Website for a specific purpose; or
    9. interact with or browse a Website generally.
  2. We may also collect your information through other legitimate third party sources including list brokers, social media organisations, and other data providers or organisations that share data in circumstances where it is lawful and/or you have given permission for them to do so.
  3. We may collect personal information from you in a passive manner including through the use of cookies and other tracking tools such as internet tags, tracking pixels, web beacons and unique device identifiers. For further information about the use of passive personal information collection, see paragraph 36 below.

What kinds of personal information does Six Black Pens collect?

  1. We may collect personal information including:
    1. your full name, contact details (such as your email address, phone number, address, contact preferences), location, and passwords you create;
    2. information about your preferences, interests, opinions, feedback and experiences with our products or services or the products and services of our clients;
    3. social media account usernames and information published on your social media accounts;
    4. information regarding your personal and professional interests and your networks;
    5. information regarding your relationship history with Six Black Pens and Six Black Pens’ clients;
    6. information about your employment history and future plans, and documents relating to your employment;
    7. information about your education and qualifications, skills and experience;
    8. enquiry and complaint details;
    9. information about your experience with Six Black Pens’ products or services or third party products or services. This information is requested including in order to tailor our subsequent communications to you and continuously improve our products and services;
    10. the contact details of third parties. If you are asked to provide details about other people, please ensure that these individuals are happy for their details to be given to Six Black Pens and used for the purposes set out in this policy (which may include using their details for marketing purposes);
    11. financial details, if you have provided them to us, such as your bank account, credit card, or salary information.
    12. When you visit a Website, we may also collect personal information about you in the following general categories:
      1. usage and preference information: we collect information about how you interact with the Six Black Pens website, including the pages you visit, your preferences and settings that you choose. We may do this through the use of cookies and other similar technologies that uniquely identify you;
      2. device information: we may collect information about your mobile device such as the hardware model, operating system, preferred language, unique device identifier and mobile network; and
      3. other information: we may also collect and log information such as your IP address, access dates and times, browser type and pages visited when you interact with a website.
    13. any other personal information you provide directly to us. Where you provide us with unsolicited personal information, we will retain this information where it falls within our primary purposes for collection of personal information (as stated in this Privacy Policy).
    14. any other personal information requested or required by a Collection Channel.

Sensitive Information

  1. We do not seek to collect sensitive information (which includes information or an opinion about an individual’s; racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal record, that is also personal information, health information about an individual, genetic or biometric information).
  2. If we do collect sensitive information, we will only do so with your consent and where you provide it to us directly. Where you provide us with any sensitive information (including, but not limited to, information about your sexual orientation, religious beliefs, medical and/or criminal history), we will only use this information for the purposes stated at the time of collection and will only share this information with our trusted third parties in the manner stated in this Privacy Policy.

Consequences of not providing personal information

  1. No-one is obliged to provide personal information. However, failure to do so may result in Six Black Pens or our clients being unable to provide you with Six Black Pens’ or our clients’ goods, services, information, upcoming opportunity, promotion, event or product information, and other content, including as requested by you.

For what purposes does Six Black Pens collect, hold, use and disclose your personal information?

  1. Personal information that Six Black Pens collects will be used for the following primary purposes:Providing services to Six Black Pens’ clients
    1. To fulfil obligations in respect of any contract between you and Six Black Pens, or you and our clients, or Six Black Pens and our clients;
    2. To render services related to Six Black Pens or our clients, including providing our professional services to our clients;

    Managing relationships

    1. to carry out any purchases you make and otherwise manage our or our clients’ commercial and trading relationship with you including identifying you in our system and contacting you, invoicing you correctly, sending you our products and to address your expectations of us in respect of how we conduct our business;
    2. to ensure that your personal information remains up-to-date and complete;
    3. to provide you with information about your accounts, transactions, content, services and products involving Six Black Pens or Six Black Pens’ clients;
    4. to facilitate payments from you;
    5. to contact you, including sending you any technical, administrative or legal notices relevant to Six Black Pens, our clients or a Website;
    6. to otherwise maintain our relationship with you or the relationship between you and our clients, including providing after sales services and responding to enquiries;

    Special offers, marketing and advertising

    1. to provide you with early access to new releases, exclusive events, special offers, newsletters, events, promotions and activations of Six Black Pens, its clients or its trusted partners;
    2. to otherwise market to you (with direct marketing materials), via any medium including mail, telephone, commercial electronic messages (such as SMS, MMS, instant messaging, email, social media, mobile applications), or any other form of electronic, emerging, digital or conventional communications channel.

    Six Black Pens’ Website

    1. to maintain the functionality of a Website, including customising the Website based on your preferences; providing information to you relating to the content available on a Website; to improve the Website and system administration;

    Improving offerings to you and conducting research

    1. to better understand and meet your needs and interests, to enable us to improve the nature of the goods and services we provide, to more accurately market our goods and services, and to research our or our customers;
    2. to obtain opinions or comments about products and/or services and to conduct other research and development;
    3. to record and analyse statistical and de-identified data for analysis including marketing analysis;
    4. to conduct market research including identifying likeminded individuals including through third party vendors such as Facebook or other social media websites;

    Miscellaneous

    1. to share personal information with our group companies and their related bodies corporate and agents, and other trusted third parties in the manner described in this Privacy Policy;
    2. for any further purposes stated in a particular Collection Channel;
    3. to undertake recruitment for Six Black Pens (if applicable);
    4. any other purpose as may be deemed reasonably necessary by Six Black Pens in the circumstances;
    5. as needed to satisfy any law, regulation or legal request; to protect the rights or property of Six Black Pens, Six Black Pens’ clients’, or any member of the public; to protect the integrity of Websites; to fulfill your requests; or to cooperate in any law enforcement investigation or an investigation on a matter of public safety.

Contact by Six Black Pens

  1. Six Black Pens group companies (and their directors, servants and agents), Six Black Pens’ promotional partners, Six Black Pens’ clients or trusted third parties (and other selected service providers and other non-Six Black Pens companies or professionals) either in Australia or overseas, may contact you via telephone, SMS (Short Message Service), MMS (Multimedia Messaging Service), IM (Instant Messaging), email, post or any other form of electronic, emerging, digital or conventional communications channel using the information provided in order to contact you in respect of the primary purposes for collection of personal information as stated above.
  2. Six Black Pens does not send advertising or marketing information without obtaining prior consent unless it is lawful to do so, for example consent provided by you when you accept this Privacy Policy. If you receive communications from Six Black Pens which you do not wish to receive, you may remove your name from the database either by using the functional unsubscribe facility (if the communication is via commercial electronic message) or by contacting Six Black Pens’ Privacy Officer as described above. Please allow 30 days for this request to be processed.
  3. Despite removing your name from the database from receiving future advertising and marketing information, Six Black Pens may send you non-commercial “Administrative Emails”. Administrative Emails relate to your account with Six Black Pens or Six Black Pens’ clients (if applicable) and may include administrative and transaction confirmations, requests and inquiries or information about a particular account. If you do not wish to receive such communications from Six Black Pens, you may remove your name from the database by contacting Six Black Pens’ Privacy Officer. Please allow 30 days for this request to be processed.

Automated decision-making

  1. Six Black Pens does not make decisions that produce significant effects on you which are solely based on automated decision making.

How do we share your personal information?

  1. For the purposes described above, personal information may be shared with the entities below including their directors, servants and agents and related bodies corporate:
    1. our clients;
    2. our email sending partners;
    3. technical service providers, such as mail carriers, hosting providers, IT companies and communications agencies; and
    4. other trusted service providers, promotional partners and third parties.
  2. These recipients may be engaged by Six Black Pens to perform a variety of functions, such as legal and accounting services, data storage, support services, conducting market research, processing credit card payments, assisting with promotions and providing technical services for our websites. These companies may have access to personal information if needed to perform such functions. If you are a business we trade with, we may disclose your information to debt recovery agents or credit reporting bodies if necessary.
  3. Some of the recipients of your personal information may be located overseas. Six Black Pens employees, data processors and other trusted third parties are obliged to respect the confidentiality of any personal information held by Six Black Pens. However, security of communications over the Internet cannot be guaranteed, and therefore absolute assurance that information will be secure at all times cannot be given. Six Black Pens will not be held responsible for events arising from unauthorised access to personal information except to the extent required by the relevant privacy laws.

How do we hold, and how long do we hold your personal information?

Security

  1. Six Black Pens takes appropriate security measures to keep personal information secure and to prevent unauthorised access, disclosure, modification, misuse, interference, or loss of personal information. Six Black Pens, its employees and its subcontractors are obliged to respect the confidentiality of any personal information held by Six Black Pens.
  2. Six Black Pens also takes reasonable steps to keep personal information accurate, up to date, complete and relevant. Six Black Pens takes reasonable steps to ensure only those necessary have access to your personal information. Personal information is stored on secure servers that are protected in controlled facilities. This service may be performed on our behalf and data may be hosted by our selected data storage providers. In some cases these facilities may be overseas, including in as described above. Six Black Pens retains your information only for as long as necessary for the purposes listed in this Privacy Policy. Six Black Pens will inform you about serious data breaches in accordance with the Privacy Act.

Your privacy rights

  1. You have a number of rights under the Australian Privacy Law. These include:
    1. (access) to request access to your personal information from us, in a commonly used electronic format. On a case by case basis, Six Black Pens may determine that it is not legally required to give an individual access to personal information, in which case Six Black Pens will provide you with a written notice of its refusal to provide access;
    2. (correction) to request that we correct your personal information;
    3. (withdrawing consent) to withdraw your consent for us to use your personal information. Please note that you can also opt-out of online marketing communications at any time by using the unsubscribe feature in each electronic commercial message;
    4. (complaint) to complain about a breach of the Australian Privacy Principles.
    5. (informed) to be informed about how your personal information is and will be used. To exercise these rights, please contact us at the contact details listed at the beginning of this Privacy Policy. Please allow for a reasonable amount of time for us to process your request, which will generally be up to 30 days.

Miscellaneous

Anonymity and Pseudonymity

  1. Where practicable, Six Black Pens will allow you to deal with us on an anonymous or pseudonymous basis. If this is practicable, our collection channels will only seek information in this way. However, where it is not practicable for the purposes for which information is collected, we will seek the personal information identified above. It will not be practicable to deal with you on an anonymous or pseudonymous basis when we wish to send you direct marketing materials or need to provide you with goods or services requested by you.

Sale of the company

  1. If Six Black Pens merges with, or is acquired by, another company, or sells all or a portion of its assets, your personal information may be disclosed to our advisers and any prospective purchaser’s adviser and may be among the assets transferred. However, personal information will always remain subject to this Privacy Policy, any revised Privacy Policy and the Australian Privacy Principles.

Children

  1. Personal information will not be collected from any person who is known by Six Black Pens to be under the age of sixteen (16) without the consent of a parent or legal guardian or as has been provided to us lawfully by third parties, including our clients. Persons under age sixteen (16) may only use our Websites with the involvement and consent of a parent or legal guardian.

Passive Information Collection

  1. As with many commercial websites (and mobile and tablet applications), Six Black Pens and Six Black Pens’ clients may also collect information which tells us about visitors to our websites. For example, we may collect information about the date, time and duration of visits and which pages of a Website are most commonly accessed. This information is generally not linked to the identity of visitors, except where a Website is accessed via links in an email we have sent or where we are able to uniquely identify the device or user accessing a website. By accessing a Website via links in an email we have sent and/or by accessing a Website generally including when you are logged into an account, you consent to the collection of such information where it is personal information.
  2. As you navigate through our websites, certain information can be passively collected (that is, gathered without you actively providing the information) using various technologies, such as Unique Device Identifiers (UDI), cookies, Internet tags or web beacons, and navigational data collection (log files, server logs, clickstream). In certain circumstances, this information may be considered anonymous information or personal information under the Privacy Act 1988 (Cth), dependent on the device used and the method by which an individual connects to the Internet. Your Internet browser automatically transmits to the website you are browsing some of this anonymous information or personal information, such as the URL of the website you just came from, the Internet Protocol (IP) address, the UDI (if applicable) and the browser version your device is currently using. Our websites may also collect anonymous information or personal information from your device through cookies and Internet tags or web beacons. You may set your browser to notify you when a cookie is sent or to refuse cookies altogether, but certain features of a website might not work without cookies and this may limit the services provided by a website. Cookies and other technical methods may involve the transmission of information either directly to us or to another party authorised by us to collect information on our behalf.
  3. Our Websites may use and combine such passively collected anonymous information or personal information and/or information from various third party sources, including as described above, and may combine this anonymous information or personal information with other personal information collected from you to provide better service to website visitors and users, customise a website based on your preferences, compile and analyse statistics and trends, provide you with relevant advertising when you visit a Website or a third party Website, and otherwise administer and improve a Website for your use. We may combine your visitor session information or other information collected through tracking technologies with personally identifiable information from time to time in order to understand and measure your online experiences and to determine what products, promotions and services are likely to be of interest to you. By accessing a Website, you consent to information about you being collected, compiled and used in this way.

Six Black Pens and other websites

  1. Our Websites may, from time to time, contain links to the websites of other organisations which may be of interest to you. Their inclusion cannot be taken to imply any endorsement or validation by us of the content of the third party website. Linked websites are responsible for their own privacy practices and you should check those websites for their respective privacy statements. Six Black Pens is not responsible, nor does it accept any liability, for the conduct of companies linked to our Websites.