Terms of Service

The Gist:

We (the folks at Picken Pty Ltd) run this site and would love for you to use it as intended.

That’s the gist of it. Thanks also to the good folks at Automattic (responsible for great creations like WordPress.com), who have made their more comprehensive Terms of Service available under a Creative Commons Sharealike license, which means that you can borrow some or all of their wording for your own Terms of Service. That’s exactly what we did.

Terms of Service:

The following terms and conditions govern all use of the https://www.picken.com.au website and all content, services and products available at or through the website, including, but not limited to, associated blogs, forums, and websites (andrewpicken.comandrews.blog, among others), taken together, the Website. The Website is owned and operated by Picken Pty Ltd (“The Company”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, The Company’s Privacy Policy) and procedures that may be published from time to time on this Site by The Company (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by The Company, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

CONTENTS

  1. Responsibility of Contributors
  2. Responsibility of Website Visitors
  3. Content Posted on Other Websites
  4. Copyright Infringement and DMCA Policy
  5. Corrections, Suggestions, and Complaints
  6. Intellectual Property
  7. Changes
  8. Termination
  9. Disclaimer of Warranties
  10. Limitation of Liability
  11. General Representation and Warranty
  12. Indemnification
  13. Miscellaneous

1. Responsibility of Contributors

If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

* the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

* if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

* you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

* the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

* the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

* the Content is not libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;

* your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;

* your Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog or comment’s URL or name is not the name of a person other than yourself or company other than your own; and

* you have, in the case of Content that includes computer code, accurately categorised and/or described the type, nature, uses and effects of the materials, whether requested to do so by The Company or otherwise.

Without limiting any of those representations or warranties, The Company has the right (though not the obligation) to, in The Company’s sole discretion (i) refuse or remove any content that, in The Company’s reasonable opinion, violates any The Company’s policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in The Company’s sole discretion.

2. Responsibility of Website Visitors

The Company has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, The Company does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. The Company disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

3. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which picken.com.au links, and that link to picken.com.au. The Company does not have any control over those non-picken.com.au websites and webpages, and is not responsible for their contents or their use. By linking to a non-picken.com.au website or webpage, The Company does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. TF Content, Inc. disclaims any responsibility for any harm resulting from your use of non-picken.com.au websites and webpages.

As The Company asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by picken.com.au violates your copyright, you are encouraged to notify The Company in accordance with standard Digital Millennium Copyright Act (”DMCA”) Policy. The Company will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of The Company or others, The Company may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, The Company will have no obligation to provide a refund of any amounts previously paid to The Company.

5. Corrections, Suggestions, and Complaints

We welcome comments and suggestions, as well as complaints about errors, on the Website that warrant correction. Comments and suggestions, as well as complaints about errors, can be submitted through this form. Please click here to fill it out. Readers dissatisfied with a response may reach us via email at legal [at] picken (dot) com (dot) au. Picken Pty Ltd, as well as its affiliated companies, welcome comments and suggestions on, as well as complaints about errors that warrant correction. Comments and suggestions, as well as complaints about errors, can be submitted through this form. Please click here to fill it out. Readers dissatisfied with a response may reach us via email at legal [at] picken (dot) com (dot) au.

6. Intellectual Property

This Agreement does not transfer from The Company to you any The Company or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with The Company. The Company, picken.com.au, the “Picken” logo, and all other trademarks, service marks, graphics and logos used in connection with picken.com.au, or the Website are trademarks or registered trademarks of Picken Pty Ltd; Andrew Picken; The Company; or licensors of the aforementioned companies. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any The Company or third-party trademarks. You hereby grant The Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any Content you post on or in connection with the Website or The Company services or the promotion thereof and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with The Company or the promotion thereof.

7. Changes

The Company reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. The Company may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

8. Termination

The Company may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9. Disclaimer of Warranties

The Website is provided “as is”. The Company and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither The Company nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

10. Limitation of Liability

In no event will The Company, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to The Company under this agreement during the twelve (12) month period prior to the cause of action. The Company shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

11. General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the The Company Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Australia, the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

12. Indemnification

You agree to indemnify and hold harmless The Company, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.

13. Miscellaneous

This Agreement constitutes the entire agreement between The Company and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of The Company, or by the posting by The Company of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Victoria, Australia, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Melbourne, Australia. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Melbourne, Australia, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; The Company may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Cookies

This Cookie Policy applies to the Website http://picken.com.au , http://andrewpicken.com and http://andrews.blog the “Websites”) operated by Picken Pty Ltd on behalf of Andrew Picken (“Andrew” and collectively “we,” “our” or “us”), as well as to the services and information available via the Website, including the Picken podcast and Picken and Andrew’s email newsletters (collectively, the “Services”) (the Services, together with our Website, are referred to as the “Platform”).

1. Our Use of Cookies

We use cookies as set out in our Privacy Policy, available at https://picken.com.au/policies.

2. Categories of Cookies We May Use

We may use the following categories of cookies on our Website:

2.1. Strictly Necessary Cookies. We may use cookies that are strictly necessary for operating our Platform. These include authentication cookies that enable you to log in to secured portions of our Website and that help us prevent fraudulent activities on our Website.

2.2. Performance / Analytical Cookies. We may use cookies for purposes of assessing the performance of our Platform, such as by gathering information about how many visitors use our Website and how they navigate around it. These cookies help us identify issues so that we can continually improve our Platform.

2.3. Functionality Cookies. We may use cookies that allow us to enhance the functionality of our Platform. For example, these cookies enable us to keep track of the items you access on our Platform and to remember your preferences the next time you visit our Platform.

2.4. Targeting / Adverting Cookies. We may use cookies that help us determine which content or advertising may be relevant to your interests. We may also use this information to assess the performance of our marketing activities.

3. Contact

If you have any questions about this Cookie Policy, the Platform, or your dealings with this Platform, please contact us. You may contact us, for any reason, using the contact information below:

legal [at] picken (dot) com (dot) au

Privacy Policy

Please read this Privacy Policy and our Terms of Service carefully before using the Platform.

This Privacy Policy describes how we collect, use, and disclose information, governs how we treat this information, and lets you know your associated rights. This Privacy Policy applies to the Websites https://picken.com.au , https://andrewpicken.com and http://andrews.blog (the “Websites”) operated by Picken Pty Ltd, on behalf of Andrew Picken (“Andrew” and collectively “we,” “our” or “us”), the services and information available via the Website, including Picken and Andrew’s email newsletters and podcasts (the “Services”) (the Services, together with our Website, are referred to as the “Platform”).

Navigating this Privacy Policy

To help you navigate our Privacy Policy, we have divided the Policy into numbered sections and provided a set of definitions in Section 21 (Definitions) to allow easy reference to key concepts. The sections are as follows:

  1. Your Consent To This Privacy Policy
  2. The Information We Collect
  3. How We Collect This Information
  4. How We Use This Information
  5. How We Share This Information
  6. How We Safeguard the Information We Collect
  7. Our Retention Of Data
  8. Accuracy And Minimization Of Data
  9. Accessing And Updating Your Information
  10. Your Right To Opt-Out, Object To Processing, And Delete Information
  11. Do Not Track
  12. Advisory Regarding Participation By Children And Teens
  13. Relationship To Terms Of Service; Incorporation Of Terms Of Service
  14. Notice Of Privacy Rights To California Residents
  15. Notice Of International Data Transfers
  16. Third Party Sites
  17. Complaints
  18. Changes To This Privacy Policy
  19. Contact Us
  20. Definitions

You may also print a copy of this Privacy Policy using the “Print” feature available from most web browsers.

By using the Platform, or otherwise providing information to us, you agree to this Privacy Policy. If you do not agree with this Privacy Policy, please do not use the Platform. You may withdraw your consent by requesting deletion of your information or otherwise exercising your rights in accordance with Section 10 (Your Right To Opt-Out, Object to Processing, and Delete Information).

2. The Information We Collect

Our Platform gives us the opportunity to communicate with people interested in Picken’s blog, Andrew’s blog, podcasts, books, media, and his other activities and interests. The Platform also provides you with opportunities to participate in exchanges on these topics, and to receive additional information on all of the above. To provide these Services, and to otherwise conduct our business via the Platform, we rely on information provided by and collected from our users. This information consists of the following:

2.1 Personal Information. We collect certain information that identifies you as an individual (collectively, “Personal Information”). The Personal Information we collect may include the following:

  • Your name;
  • Your email address;
  • Social media handle (e.g., if you engage with us on social media);
  • Your billing and/or shipping address; and
  • Your payment information.

2.2 Automatically Collected Technical and Device-Related Information. We also collect technical and device-related information that  identifies or may reasonably be used to identify a particular user device (collectively, “Automatically Collected Information”). Automatically Collected Information is typically collected automatically by technical means, and for purposes of our Platform consists of the following:

  • Device identifiers, such as cookies;
  • Device information, such as hardware and software settings;
  • IP addresses and log information, such as your device’s name, the type and version of your web browser, and referrer addresses that can function to identify a user device; and
  • Tracking information that we collect, or that third parties collect.

2.3 Anonymous Information. Our Platform also collects, processes, and/or uses information that does not identify you or your devices, including Personal Information that has been made anonymous by: (i) removing identifying fields and aggregating the information with other information so that individual subjects of the information cannot be re-identified, or (ii) anonymizing the information with techniques that remove or perturb the identifying data so as to prevent re-identification of the anonymized information (collectively, “Anonymous Information”). Information that meets these criteria might include, for example, demographic information, statistical information (e.g., page views and hit counts), and general tracking information about how the Website is used.

If we combine or associate Automatically Collected Information or Anonymous Information with Personal Information, we treat the resulting combination as Personal Information.

3. How We Collect This Information

We collect the above information through the following means and technologies:

3.1 Registration. In order to provide you with the Services, we need to collect Personal Information consisting of your name and email address. Accordingly, when you register to receive the Services, you provide this Personal Information.

3.2 Payments. When you order certain Services through our Website, we will require you to submit your payments using the payment method we have implemented on our Website. The payment information we will collect during this process will include your credit or debit card number or your bank account number, the expiration date of your credit or debit card, purchase amount, date of purchase, and payment method. We may also collect certain Personal Information from you, such as your name, billing address, and, if applicable, shipping address. Please note that different payment methods may require us to collect different categories of information. Depending on the payment method we have chosen to implement on our Website, we may collect your transaction information (i) directly from you for transfer to our payment processor, or (ii) through the third party payment processor(s) that we have authorized to collect such information from you on our behalf. For more information on our privacy practices with respect to our service providers, please refer to Section 5.2 (Our Service Providers).

3.3 User-Generated Content. We give you the ability through the Platform to engage with Picken, Andrew and others in public exchanges, and these include opportunities for you to provide comments, reviews, recommendations, and other input via the Platform (collectively, “User-Generated Content” or “UGC”). Please understand that, if you include Personal Information in User-Generated Content, others will be able to read, collect, re-publish, and otherwise freely use the information. We are not responsible for Personal Information you decide to include in UGC, and we will not take down, remove, or edit User-Generated Content, except as required by Applicable Law. If you include in your User-Generated Content any Personal Information relating to others, you represent that you have full permission and authority to do so.

3.4 Contests, Special Offers, and Surveys. On occasion, we will provide you with the opportunity to participate in contests, receive a special offer, or provide us with feedback via a survey. To make these Services available to you, we will use the email address and name you provided us when you registered.

3.5 Beacons and Tags. The Platform may use certain data collection technologies that rely on (i) beacons; (ii) pixel tags and object hyperlinking tags, and (iii) other means to link an object to an Internet address, a remote software application, a remote database, or other remote means of receiving or processing information. We may use these technologies to tell us what parts of our Platform have been visited or to measure the effectiveness of searches that users perform on our Platform. These technologies also enable us to send email messages in a format users can efficiently read, to learn whether these email messages have been opened, and to help ensure, for example, that our messages are of interest to our users. These technologies provide us with Anonymous Information, Automatically Collected Information and, in certain instances, Personal Information.

3.6 Device Identifiers; Logs; IP Addresses. To determine whether your device is supported by our Platform, we may collect certain information about your device and network, including your IP address, your operating system and browser, your device model, information about your use of the Platform, as well as the presence of any software that our Platform may require to operate with your device, or other third party software or mobile apps on your device. We automatically receive and record this information in log files, and this is generally Automatically Collected Information.

3.7 Cookies. A cookie is a small amount of data which is sent to your browser from a website’s computers and stored on your computer’s hard drive. Cookies can be used to provide you with a tailored user experience and to make it easier for you to use a website upon a future visit. We may include cookies on our Platform and use them to recognize you when you return to our Platform. You may set your browser so that it does not accept cookies; however, you may need to enable cookies on your web browser if you wish to access certain personalized features of our Services. Cookies are a form of Automatically Collected Information. Please visit http://www.allaboutcookies.org/ and https://cookies.insites.com/disable-cookies/ for more information on how you can disable some or all cookies. For more information, please refer to our Cookie Policy.

3.8 Click-Throughs. We may send email messages or display links that use a “click-through URL” linked to our Platform or to another resource. When you click one of these URLs, you pass through our web server before arriving at the destination website page or other resource. Click-throughs may use and collect Anonymous Information and Automatically Collected Information. We may track this click-through data to help determine interest in particular topics and measure the effectiveness of our user communications.

3.9 Advertising Technology. The Services may include use of banner ads and other vehicles for presenting advertising content, and for serving and/or targeting ads, promotions, and other marketing messages, including through use of user profiles, online behavioral advertising methods, and related technologies. These ads may be provided, in some cases, by a third party service, as discussed in Section 5 (How We Share This Information). An advertiser, as described in Section 5.3 (Third Party Advertising), may place or utilize its own cookie or other identifier on your device, and may use Anonymous Information about your visit to our Platform, such as the number of times you have viewed the ad, as well as applicable Automatically Collected Information.

3.10 Other Technologies and Data Sources. We currently do not augment  Personal Information you provide us with data from other third-party sources, such as privately-held marketing databases. We do not, for example, link your Personal Information with third-party demographic information (such as age, sex, household income, job industry, or job title). If we later choose to use these data sources, or technologies other than those listed above in this Section 3 (How We Collect Your Information), we will treat any information we collect or generate in that manner in full accordance with this Privacy Policy.

4. How We Use This Information

We use the information we collect or process, including Anonymous Information, Automatically Collected Information, and Personal Information, as permitted under Applicable Law, including where the use is based on (a) the consent you provide to us; (b) performance of our agreement to provide you with the Services; (c) compliance with our legal obligations; and/or (d) our Legitimate Interests, as well as a third party’s Legitimate Interests. More specifically, we use the information we collect for some or all of the following:

Our Use of the Information The Basis for Our Use
To provide you with the Services you request and, specifically, to allow Picken, Andrew to send you email with information, for example, about his activities, recommendations, interviews, podcasts, books, media, and news, and to allow you to receive Picken and Andrew’s podcasts Performance and management of our agreement with you
To process payments you make with respect to our Services Performance and management of our agreement with you
To conduct fraud monitoring, prevention, and detection activities Our Legitimate Interests
To allow you to participate in contests, special offers, and surveys Performance and management of our agreement with you
To allow you to post User-Generated Content Performance and management of our agreement with you

Your Consent

To respond to your inquiries Performance and management of our agreement with you
To customize your visit to and use of the Platform Our Legitimate Interests
To determine which services and content (including marketing content) might interest you Your consent

Our Legitimate Interests

To inform you of products and services that we think (or our marketing partners think) would be appealing to you, whether the goods or services are provided by us or by others and whether the goods or services are available via our Platform or via some other channel (including channels operated by third parties); this includes information in the form of recommendations and endorsements that Picken and Andrew might provide Your consent

Our Legitimate Interests

To track access to and use of our Platform, and conduct data and other analyses, including anonymization and aggregation of Personal Information Our Legitimate Interests
To perform internal administration, auditing, operation, and troubleshooting for our Platform Our Legitimate Interests
To engage in the activities specified in Section 5 (How We Share This Information) Our Legitimate Interests

Compliance with our legal obligations

Performance and management of our agreement with you

To evaluate and improve our Platform and our communications, and to develop and test new services and content Our Legitimate Interests
To comply with Applicable Law Compliance with our legal obligations

5. How We Share This Information

We value your privacy, and we share the information we collect only in the manner set out below.

5.1 Our Affiliates. We may choose to rely on and share any of the information we collect with our affiliates. By “affiliate” we mean an entity that is closely related to us, such as an entity that controls, is controlled by, or is under common control with Picken Pty Ltd Our affiliates will be bound by the terms of this Privacy Policy. By accessing the Platform, signing up for Services, or otherwise providing us with Personal Information, you consent to this transfer of your information.

5.2 Our Service Providers. We engage third parties to perform functions on our behalf, and these may include maintaining the Platform, collecting information, responding to and sending email or other messages, and other functions useful to our business. In this capacity, we may provide service providers with Personal Information, Automatically Collected Information, and Anonymous Information as applicable. The following are examples:

  • We use service providers (a) to fulfill your orders (where applicable), (b) to provide customer service (where applicable), (c) to process and distribute email, including Picken and Andrew’s email newsletter, (d) to process and display User-Generated Content ; and (e) to manage promotions, special offers, and similar activities. These service providers generally require access to your Personal Information in order to perform these services.
  • We use analytics service providers to assist us in understanding and using Automatically Collected Information. A service we use in this regard is Google Analytics, and information concerning how Google uses the information is available at https://policies.google.com/privacy/partners, and opt-out options specific to Google Analytics are available at https://tools.google.com/dlpage/gaoptout.
  • We may use service providers to anonymize and aggregate Personal Information in order to generate Anonymous Information.
  • We may engage service providers to analyze the interests and attributes of our users and, using techniques based on Anonymous Information and Automatically Collected Information, identify others who might share those interests and attributes. We then use this information to reach out to relevant market segments to provide them information concerning the Platform.

We require our service providers to contractually commit to protect the privacy and security of the Personal Information they process on our behalf.

5.3 Third Party Advertising. We may share Automatically Collected Information and Anonymous Information with third parties for their marketing purposes and activities. These marketing activities may take place on our Platform or via online services, mobile apps, traditional channels, and other methods independent of our Platform. These activities may involve a third party placing its cookies, beacons, and/or tags on our Platform, in the manner specified in Section 3.5 (Beacons and Tags) and 3.7 (Cookies).  We do not monetize your Personal Information for third parties’ advertising or marketing purposes.

5.4 Questions of Harm; Legal Process. We may disclose your Personal Information and Automatically Collected Information to third parties, including law enforcement agencies, attorneys, and private investigator organizations, where it is necessary, or where we have a good faith belief that it is necessary:

  • To comply with legal process;
  • To protect and defend our rights and property, including the Platform and associated content;
  • To protect against fraud, misuse or unauthorized use of our Services;
  • To protect the personal safety or property of Platform users or the public, including your personal safety or property (it being understood that we assume no duty to provide, or monitor the need for, such protections);
  • To cooperate with public and government authorities including, where required, authorities outside your jurisdiction.

While you are not able to opt out of this use of information, we will take reasonable steps to limit such use, and disclose only the information we reasonably believe is necessary for the above purposes. If we receive legal process calling for the disclosure of your Personal Information, where required under Applicable Law, we will attempt to notify you within a reasonable amount of time, unless such notification is not permitted.

5.5 Transfer of the Platform. We shall be entitled to transfer information that we collect (including Personal Information, Automatically Collected Information, and User-Generated Content) to a third party in connection with a reorganization, merger, sale, joint venture, assignment, transfer or other disposition (including a disposition in connection with a bankruptcy or similar proceedings) of all or substantially all assets or stock of the business unit or division responsible for the information under this privacy policy, provided the acquiring third party has agreed to safeguard your information with protections that are compatible with those set out in this privacy policy.

6. How We Safeguard the Information We Collect

We recognize the sensitivity of our users’ Personal Information and we have put in place security systems designed to prevent unauthorized access to or disclosure of this information. Our security systems include physical, technical, and administrative information security controls, and we take commercially reasonable steps to secure and safeguard such Personal Information in accordance with Applicable Law.

7. Our Retention Of Data

We retain Personal Information for the period of time necessary to fulfill the purposes for which we obtained the Personal Information and consistent with Applicable Law. We use the following criteria to set our retention periods:  (a) the duration of our relationship with you; (b) the existence of a legal obligation as to the retention period; and (c) the advisability of retaining the information in light of our legal position (for example, in light of applicable statutes of limitations, litigation, or regulatory investigations).

8. Accuracy And Minimization of Data

We take reasonable steps (a) to maintain the accuracy of the Personal Information we process and (b) to limit the Personal Information that we process to that which is reasonably necessary for the purposes for which we obtained the information.

9. Accessing And Updating Your Information

If you would like to review, correct, or update the Personal Information that you have provided to us, or if you would like to request an electronic copy of your Personal Information, you may make such requests by completing the form located at https://picken.com.au/studio or emailing us at legal [at] picken (dot) com (dot au.  If you email us, please provide your full name, email address you have used to access the Services, and specify the type of request you are making.  We will verify your identity using the email address we have in our records.

10. Your Right To Opt-Out, Object To Processing, And Delete Information

10.1 Unsubscribing to Email. If you no longer wish to receive email messages from us, you can opt out of this Service by either (1) following the “unsubscribe” instructions located near the bottom of each email message, or (2) emailing us at legal [at] picken (dot) com (dot) au.

10.2 Deleting Your Information. You may request that we delete your Personal Information, and we will do so within the time frames (if any) set out in Applicable Law. Please note that deletion requests are subject to certain limitations, for example, we may retain information as permitted by Applicable Law, such as for tax or other record keeping purposes, to maintain an active account, and to process transactions and facilitate user requests.

10.4 Anonymous Information. We will not delete Anonymous Information from our database, and nothing in this Privacy Policy restricts our use of Anonymous Information.

10.5 Objections. If you object to our processing of your information, and a request for us to delete this information is not, in your view, sufficient, please contact us as provided below.

11. Do Not Track

We do not monitor or follow “Do Not Track” signals because there is no standard interpretation or practice for DNT signals. Therefore, we handle all user information consistent with this Privacy Policy.

12. Advisory Regarding Participation By Children And Teens

Under Australian and also U.S. Federal Law (as reflected in the Children’s Online Privacy Protection Act), WE DO NOT COLLECT OR STORE ANY PERSONALLY IDENTIFIABLE INFORMATION FROM INDIVIDUALS THAT WE KNOW ARE UNDER THE AGE OF 13. If you wish further information concerning privacy policies in general, and concerning online social networking and safety, you should visit the following website: http://www.ftc.gov/privacy/index.html.

13. Relationship To Terms Of Service; Incorporation Of Terms Of Service

This Privacy Policy must be read in conjunction with our Terms of Service, and the provisions of our Terms of Service are incorporated herein. To the extent the Terms of Service conflict with the terms of this Privacy Policy, the terms of this Privacy Policy will control.

14. Notice Of Privacy Rights To California Residents

California residents have the right under the CCPA to know (1) The categories of Personal Information we collected; (2) The categories of sources from which Personal Information is collected; (3) The business or commercial purpose for collecting or selling (if applicable) Personal Information; and (4) The categories of third parties with whom we share Personal Information. This information is set out in Sections 2–5 of this Privacy Policy.

California residents also have the right under the CCPA to request access to their specific information that a business collects, uses, discloses or sells (as applicable), and the right to request deletion of their information. California residents may exercise their rights as provided above in Section 9 (Accessing and Updating Your Information) and Section 10.2 (Deleting Your Information). California residents may authorize another person (your “agent”) to submit an access or deletion request on your behalf. In that event, we will verify your agent is properly authorized to act on your behalf by contacting you directly. We will not discriminate against you in price or service for exercising your CCPA rights.

We do not monetize users’ Personal Information, and under California law, we do not “sell” Personal Information to third parties. Nor do we disclose the categories of information listed in California’s “Shine the Light” law to third parties for their direct advertising purposes.

15. Notice Of International Data Transfers

We are based in Australia. If you live or reside outside Australia, be aware that your Personal Information will be transferred and processed in Australia. By using the Services or Platform, or providing us with your information, you fully understand and consent to this transfer and processing of your Personal Information in Australia—a jurisdiction may have data protection rules that are different from those in your country.

16. Third Party Sites

The Platform may link to third party websites, social media platforms or other online services, and such links are provided for your convenience only. We have no control over such third parties, and if you decide to access any of the third party links from the Website, you do so subject to the terms and conditions of use and privacy policies for such third parties.

17. Complaints

We want your feedback. If you have suggestions on how we can improve our Services or complaints you would like us to address, please contact us at the address set out in Section 19 (Contact Us).

If you are protected by the GDPR with respect to our use of your information, you may lodge a complaint with a data protection authority for your country or region. A list of EU data protection authorities is available at http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.

18. Changes To This Privacy Policy

From time to time, we may change this Privacy Policy for our business purposes and to comply with changes in Applicable Law. In the event of any substantive or material changes, we will communicate these changes to you by posting the updated Privacy Policy on the Platform and/or notifying you of the change via the Platform, email, or other methods. To the extent permitted by Applicable Law, your continued use of the Platform following such notice constitutes your agreement to follow and be bound by the updated Privacy Policy.

19. Contact Us

If you have any questions about this privacy policy, the Platform, or your dealings with this Platform, please contact us. You may contact us, for any reason, using the contact information below:

legal [at] picken (dot) com (dot) au

20. Definitions

Below are definitions applicable throughout this privacy policy.

20.1 “Anonymous Information” has the meaning set out in Section 2.3 (Anonymous Information). If you are protected by the GDPR with respect to our use of your information, the term “Anonymous Information” has the same meaning as information generated by “pseudonymisation” processes, as that term is defined under the GDPR.

20.2 “Applicable Law” means statutes, regulations, and any other laws that apply to your use of the Website, the Services, or the Platform. For example, if you are protected by the GDPR with respect to our use of your information, the term “Applicable Law” includes the GDPR.

20.3 “CCPA” means the California Consumer Privacy Act, as amended or revised from time to time.

20.4 “GDPR” means the European Union General Data Protection Regulation.

20.5 “Legitimate Interest” means, for purposes of the GDPR, that there is a good reason for the processing of your Personal Information, and that the processing is carried out in a way that minimizes impacts (if any) on your privacy rights and interests. The term “Legitimate Interest” also refers to our use of information in ways that you would reasonably expect, based on your relationship to us. For example, there is a Legitimate Interest in collecting and processing your Personal Information: (a) to safeguard our Platform, networks, content, and related information and resources; (b) to administer and generally conduct our business; and (c) to prevent fraud.

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