1.1 I am committed to safeguarding the privacy of my website visitors and customers.
1.2 This policy applies where I am acting as a data controller with respect to the personal data of my website visitors and customers; in other words, where I determine the purposes and means of the processing of that personal data.
1.4 In this policy, “I” and “my” refer to Lesley Smitheringale. For more information about me, see Section 13.
2.1 This document was created using a template from SEQ Legal (https://seqlegal.com).
3. How I use your personal data
3.1 In this Section 3 I have set out:
(a) the general categories of personal data that I may process;
(b) in the case of personal data that I did not obtain directly from you, the source and specific categories of that data;
(c) the purposes for which I may process personal data; and
(d) the legal bases of the processing.
3.2 I may process data about your use of my website, services and shop (“usage data”). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is my analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website and shop. The legal basis for this processing is consent.
3.3 I may process your account data (“account data”). The account data may include your name and email address should you wish to comment on a blog article or for a customer account in my Shop it will include your name, postal address, telephone number and email address. The source of the account data is you or your employer. The account data may be processed for the purposes of operating my website and online shop, ensuring the security of my website, shop and services, maintaining back-ups of my databases and communicating with you. The legal basis for this processing is consent and to provide me with the proper customer details in order to complete transactions or to send a product to your mailing address.
3.4 I may process your information included in your personal profile on my website] (“profile data”). The profile data may include your name, address, telephone number, email address, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details and employment details. The profile data may be processed for the purposes of enabling and monitoring your use of my website, shop and services. The legal basis for this processing is consent.
3.5 I may process your personal data that is provided in the course of the use of my services (“service data”). The service data may include your name, address, telephone number, email address. The source of the service data is you or your employer. The service data may be processed for the purposes of operating my website, providing my services, ensuring the security of my website, shop and services, maintaining back-ups of my databases and communicating with you. The legal basis for this processing is consent OR my legitimate interest, namely the proper administration of my website and business.
3.6 I may process information that you post for publication on my website or through my services (“publication data”). The publication data may be processed for the purposes of enabling such publication and administering my website and services. The legal basis for this processing is consent.
3.7 I may process information contained in any enquiry you submit to me regarding goods and/or services (“enquiry data”). The enquiry data may be processed for the purposes of offering you information, marketing and selling relevant goods and/or services to you. The legal basis for this processing is consent.
3.8 I may process information relating to my customer relationships, including customer contact information (“customer relationship data”). The customer relationship data may include your name, your employer, your job title or role, your contact details, your mailing address, your telephone number and information contained in communications between us and you or your employer. The source of the customer relationship data is you or your employer. The customer relationship data may be processed for the purposes of managing my relationships with customers, communicating with customers, keeping records of those communications and promoting my products and services to customers. The legal basis for this processing is consent.
3.9 I may process information relating to transactions, including purchases of goods and services that you enter into with me and/or through my website (“transaction data”). The transaction data may include your contact details, your mailing address, your telephone number, your paypal details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and I and/or taking steps, at your request, to enter into such a contract.
3.10 I may process information that you provide to me for the purpose of subscribing to my email notifications and/or newsletters (“notification data”). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent and you may unsubscribe at any time.
3.11 I may process information contained in or relating to any communication that you send to me (“correspondence data”). The correspondence data may include the communication content and metadata associated with the communication. My website will generate the metadata associated with communications made using the website live chat or contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is my legitimate interests, namely the proper administration of my website, business and communications with users.
3.12 I may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is my legitimate interests, namely the protection and assertion of my legal rights, your legal rights and the legal rights of others].
3.13 Please do not supply any other person’s personal data to me, unless I prompt you to do so.
4. Providing your personal data to others
4.1 Financial transactions relating to my website and services are handled by my payment services providers, Paypal and Suncorp Bank, Australia. I will share transaction data with my payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers’ privacy policies and practices at https://www.paypal.com/us/webapps/mpp/ua/privacy-full and https://www.suncorp.com.au/about-us/legal/privacy.html
4.3 In addition to the specific disclosures of personal data set out in this Section 4, I may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which I am subject, or in order to protect your vital interests or the vital interests of another natural person. I may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
5. International Transfers of Your Personal Data
5.1 In this Section 5, I provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).
5.3 You acknowledge that personal data that you submit for publication through my website, or services may be available, via the internet, around the world. I cannot prevent the use or misuse of such personal data by others.
6. Retaining and deleting personal data
6.1 This Section 6 sets out my data retention policies and procedure, which are designed to help ensure that I comply with my legal obligations in relation to the retention and deletion of personal data.
6.2 Personal data that I process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
6.3 I will retain your personal data as follows:
(a) personal data category or categories will be retained while you are a customer and subscriber and for a maximum period of 3 years and 6 months if you are no longer showing an interest in my brand.
6.4 In some cases it is not possible for me to specify in advance the periods for which your personal data will be retained. In such cases, I will determine the period of retention based on the following criteria:
(a) the period of retention of personal data category will be determined based on your interest in my brand.
6.5 Notwithstanding the other provisions of this Section 6, I may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
7.1 I may update this policy from time to time by publishing a new version on my website.
7.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
7.3 I may notify you of any significant changes to this policy by email or through the private messaging system on my website.
8. Your rights
8.1 In this Section 8, I have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in my summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
8.2 Your principal rights under data protection law are:
(a) the right to access;
(b) the right to rectification;
(c) the right to erasure;
(d) the right to restrict processing;
(e) the right to object to processing;
(f) the right to data portability;
(g) the right to complain to a supervisory authority; and
(h) the right to withdraw consent.
8.3 You have the right to confirmation as to whether or not I process your personal data and, where I do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, I will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. You can access your personal data by visiting when logged into my website.
8.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
8.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data has been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
8.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; I no longer need the personal data for the purposes of my processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, I may continue to store your personal data. However, I will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
8.7 You have the right to object to my processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in me; or the purposes of the legitimate interests pursued by me or by a third party. If you make such an objection, we will cease to process the personal information unless I can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
8.8 You have the right to object to my processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, I will cease to process your personal data for this purpose.
8.9 You have the right to object to my processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
8.10 To the extent that the legal basis for my processing of your personal data is:
(a) consent; or
(b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,
and such processing is carried out by automated means, you have the right to receive your personal data from me in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
8.11 If you consider that my processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
8.12 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
8.13 You may exercise any of your rights in relation to your personal data by written notice to us in addition to the other methods specified in this Section 8.
9. About cookies
9.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
9.2 Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
9.3 Cookies do not typically contain any information that personally identifies a user, but personal information that I store about you may be linked to the information stored in and obtained from cookies.
10. Cookies that I use
11. Cookies used by my Service Provider
12. Managing cookies
12.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);
(b) https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
(c) http://www.opera.com/help/tutorials/security/cookies/ (Opera);
(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
(e) https://support.apple.com/kb/PH21411 (Safari); and
(f) https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).
12.2 Blocking all cookies will have a negative impact upon the usability of many websites.
12.3 If you block cookies, you will not be able to use all the features on my website.
13. My details
13.1 This website is owned and operated by Lesley Smitheringale.
13.2 I am a registered Business in Australia operating under the name of Engaged in Art with ABN 78 300 608 110.
13.3 My Business is online and I run my business at 8 Yeovil Court, Alexandra Hills, Queensland, 4161, Australia
13.4 You can contact me:
(a) by post, to the postal address given above;
(b) using my website chat/contact form;
(c) by telephone, on the contact number published on my website from time to time; or
(d) by email, using the email address published on my website from time to time.
(e) via Messenger