Privacy Policy

1.

Last Updated: 27 October 2025.

2. OVERVIEW

(a) Avin Pham (ABN 50 317 484 668) (Avin Pham Creative, we, our, us) operates a creative PR, photography and video production business (Business), providing public relations, communications and visual content services to clients (Services).

(b) Our website is located at www.avinpham.com (Website).

(c) We are committed to protecting your privacy in connection with our Website, communications, and the operation of our Business. We only collect the minimum amount of Personal Information necessary to deliver our Services or operate our Business efficiently.

(d) We will handle Personal Information that we collect or obtain in connection with the provision of our Services in accordance with this Privacy Policy and Collection Policy (Policy) and the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles which are set out in the Privacy Act (Australian Privacy Principles). Personal Information has the meaning as defined in the Privacy Act (Personal Information).

(e) This Policy contains information about:

how you may access your Personal Information held by us;

how to seek the correction of your Personal Information held by us; and

how to make complaints about any privacy-related concerns.

(f) This Policy also provides you with notice of the collection of your Personal Information by us.

(g) If we change this Policy, we will display the updated Policy on the Website and we may also advise you in writing. If you object to any changes, you may contact us, and we will attempt to resolve your complaint within a reasonable time.

(h) By using our Services or otherwise supplying us your Personal Information, you consent to our collection, use, disclosure, storage, destruction and otherwise handling of Personal Information, in accordance with the terms of this Policy and the Australian Privacy Principles.

(i) You may interact with us using a pseudonym for general Website enquiries or newsletter subscriptions where identification is not reasonably necessary. Where you engage our Services, accurate identity and contact details are required for contracting and project logistics.

3. HOW DO WE COLLECT YOUR PERSONAL INFORMATION?

We may collect Personal Information through the following avenues:

(a) where you provide information to us through our contact forms, newsletter sign-up, or in the course of email, phone or video correspondence;

(b) where you engage us to provide Services;

(c) where we receive information indirectly from publicly available sources (such as brand or media directories) relevant to our Services;

(d) where you interact with us via social media;

(e) where you interact with the Website, through the use of browser cookies or trackers;

(f) where you complete forms or sign documents through our thirdparty platforms, including Dubsado and Milanote, or collaborate with us via Google Workspace or Frame.io.

(g) in such other situations, which we will inform you from time to time, where we collect personal information from you that is reasonably necessary for the operation of our Website and provision of Services.

4. What Personal Information do we collect?

(a) The kinds of Personal Information we may collect from you will depend on who you are (e.g. a client, supplier or prospective employee or contractor) and the nature of your interaction with us.

(b) We collect, use, and store the following types of Personal Information:

For current, former, and prospective clients:

names, job titles, company names, contact details (email, phone, postal and business address);

billing and payment details;

correspondence, project briefs and creative assets;

any other information that you voluntarily provide to us.

For current, former, and prospective suppliers:

contact details such as names, email addresses, phone numbers, office address, postal address, and other

geographical information;

details about suppliers’ employee, directors, contractors, agents, and other representatives such as dates of birth,

gender, email addresses, phone numbers, titles, and qualifications;

business information such as banking details, business registrations, pricing information, hourly rates, billing and

payment details; and

any other information that you voluntarily provide to us.

For prospective employees or contractors who will assist us to provide the Services to customers:

contact details such as names, email addresses, phone numbers, office address, postal address, and other

geographical information;

details such as dates of birth, gender, titles, and qualifications;

information we obtain about you from background and reference checks; and

any other information that you voluntarily provide to us.

Information about our staff, representatives and officers as required in the normal course of human resource management and

business operations.

Any other information that you may voluntarily provide to us to assist us to conduct Business and provide our Services.

(c) Where:

If you wish to receive our Services, some of the personal information we collect form you may be sensitive information as defined in the Privacy Act. We may need to collect sensitive information from you if you are a patient in order for us to provide our Services to you. Sensitive information may include things like information about your health, medical records, health history and test results. We will only collect sensitive information with your consent and through secure methods.

You wish to personally supply goods or services to us, engage us to provide Services to you or otherwise enter into a commercial relationship with us, you must provide accurate Personal Information to us as it will be impracticable for us be involved in a commercial relationship with you unless you do so (for example, we would not be able to meet with you, discuss work with you, communicate with you by email and phone or send you draft and completed deliverables).

You are not an individual but wish to supply goods or services to us, engage us to provide Services to you or otherwise enter into a commercial relationship with us, you must provide accurate Personal Information to us of the individual representatives of your organisation, as it will be impracticable for us be involved in a commercial relationship with you unless you do so (for example, we would not be able to meet with you, discuss work with you or communicate with you by email and phone).

5. WHAT DO WE DO WITH YOUR PERSONAL INFORMATION?

(a) We will not sell or trade your Personal Information to any third party, organisations, or individuals without your consent.

(b) We may use and disclose your personal information for the following purposes subject to clause 4(c) – clause 4(e) :

to provide you with further information about our Services;

to communicate with you and manage accounts, suppliers and collaborators;

to plan, produce and deliver creative projects for you;

to send updates, newsletters or marketing communications (only if you have opted in – see section 8 below);

to operate our Website, manage inquiries and administer our business operations;

to personalise your experience of the Website;

to comply with legal obligations and professional record-keeping requirements;

to respond to feedback and complaints;

for enforcement of contracts to which we are a party;

to notify you of important changes to our Services or Website;

to understand customer trends and patterns so we can continue to develop our marketing and advertising strategies; and

for any other purpose for which you give your consent.

(c) We use third-party platforms including Google Workspace, Frame.io, Dubsado and Milanote to operate our Business. These providers may process or store your Personal Information in Australia, Singapore or the United States.

(a) We may also disclose your Personal Information:

to third parties used by us to assist us to provide you with our Services, including our freelance contractors, other contractors (suchas bookkeepers), technology service providers (such as website hosting service providers), social media providers, marketing agencies and targeted marketing facilitators; and

to lessen or prevent serious threats to the health and safety of an individual or the general public;

to assist in locating missing individuals;

to any duly authorised law enforcement officer, or any other person, authorised by any law to receive your Personal Information from us; and

in circumstances permitted by the Privacy Act.

(d) We will not disclose sensitive information to any third party unless we have your consent or are otherwise permitted or required by law to do so.

6. HOW DO WE HOLD YOUR ELECTRONIC INFORMATION?

(a) Personal Information is stored securely on password-protected servers and cloud systems managed by reputable third-party providers (such as Google Workspace, Frame.io, Dubsado and Milanote). We apply access controls and two-factor authentication where available.

(b) We retain Personal Information for as long as reasonably necessary for our business operations and legal obligations. Project raw files and working materials are ordinarily archived for approximately 90 days after final delivery (see our Terms of Service), while business records (e.g. contracts, invoices, essential correspondence) may be retained for longer periods required by law and professional record-keeping practices.

7. DO WE SEND YOUR PERSONAL INFORMATION TO PARTIES OUTSIDE AUSTRALIA?

We may disclose limited Personal Information to service providers located outside Australia, including Google Workspace, Frame.io, Dubsado and Milanote. These providers may process or store Personal Information in overseas data centres, such as the United States and Singapore. We take reasonable steps to ensure these providers handle Personal Information in a manner consistent with the Australian Privacy Principles, and we remain responsible for Personal Information disclosed overseas.

8. ARE WE RESPONSIBLE FOR THIRD PARTIES’ WEBSITES AND SOCIAL MEDIA LINKS?

(a) This Policy applies solely to Personal Information collected in connection with our provision of Services, the operation of our Website and otherwise in connection with the operation of our Business.

(b) This Policy does not apply to any external websites, social media pages, or file-sharing links (such as Frame.io or Google Drive) that are operated by third parties.

(c) We refer you to the privacy policies and terms of use of the operators of any linked third party websites.

9. WILL WE SEND DIRECT MARKETING COMMUNICATIONS TO YOU?

(a) We only send marketing communications (e.g. newsletters or project updates) where you have actively subscribed or provided explicit consent.

(b) If you do not wish to receive direct marketing communications from us, you may opt-out any time by clicking a link on the email communications sent to you or contacting us (see section 12).

2. DO WE COLLECT PERSONAL INFORMATION THROUGH COOKIES AND ANALYTICS TOOLS?

(c) Our Website uses Google Analytics and standard browser cookies to collect aggregated usage statistics and understand how visitors engage with our content.

(d) We do not use cookies to identify individual users or track browsing activity across unrelated websites. You can adjust your browser settings to refuse cookies, but this may affect how the Website functions on your device. You can also opt out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

(e) You can find out more about what a cookie is and how they’re used for targeted marketing purposes at this link: https://www.oaic.gov.au/privacy/your-privacy-rights/advertising-and-marketing/targeted-advertising

10. HOW DO WE KEEP PERSONAL INFORMATION SECURE?

(a) We maintain access controls, device encryption and secure password management to protect your Personal Information.

(b) There are inherent risks associated with the transmission of information via the Internet. Data security measures can never be guaranteed. This means that while we take steps to protect your Personal Information, we cannot guarantee its security.

(c) If you suspect any misuse, loss, unauthorised access, modification, or disclosure of your Personal Information, please contact us immediately.

11. WILL WE TRANSFER YOUR PERSONAL INFORMATION?

If we are involved in a sale, merger, consolidation, change in control, transfer of substantial assets, reorganisation, or liquidation, we may, in our sole discretion, transfer, sell or assign your Personal Information collected by us to one or more relevant third parties.

12. WHAT IF YOU HAVE QUESTIONS OR COMPLAINTS?

(a) If you:

have any questions about this Policy;

wish to request access to any Personal Information that we hold;

wish to be de-identified, or have your personal information deleted;

wish to correct or update your Personal Information; or

wish to make a complaint or discuss any other privacy concerns you may have,

please contact us by email as follows:

Attention: The Privacy Officer, avin@avinpham.com; or

(a) We reserve the right to charge for reasonable expenses that we may incur in preparing and sending you a copy of your Personal Information.

(b) If you believe we have breached our obligations under this Policy or the Australian Privacy Principles, please give us the opportunity to resolve matters by contact us first, in writing by email or by post. Once we have received a complaint, we will try to work with you to resolve the matter. The steps we may take to resolve the matter include:

We may request further information from you. This will enable us to investigate the complaint and determine an appropriate solution.

We will discuss options for resolution with you. If you have suggestions about this this matter, please raise these with our Privacy Officer.

Where necessary, we will conduct an investigation and endeavour to do so within a reasonable time. we may have to conduct others in order to progress the investigation.

(c) If you are not satisfied with our response to your complaint, you may wish to contact the Office of Australian Information Commissioner (OAIC). For more information, please see their website https://www.oaic.gov.au/about-us/contact-us. Please note that the OAIC may decline to investigate until you have first raised the matter with us.