Privacy Policy

1. INTRODUCTION

This privacy policy explains how we collect and process your personal data through your use of the website at https://australiandiscoveryorchestra.com/ including any information you provide when you register, purchase a product or service, subscribe for updates, or other information or similar.

By providing us with any information, you warrant to us that you are over 16 years of age.

Quill & Quaver Associates Pty. Ltd. is the data controller(s) and is responsible for your data (referred to as “we”, “us” or “our” in this privacy policy).

Contact Details

Full name of legal entity: Quill & Quaver Associates Pty. Ltd.

Email address: [email protected]

Postal address:
C/- HLB Mann Judd
PO Box 2850
Melbourne
Victoria 3001

If you have concerns with any aspect of our data collection, processing and retention policies, you have the right to complain to the appropriate supervisory authority for data protection issues in your jurisdiction. Before you do so, however, we hope you will contact us first so that we can work to resolve your concerns.

We want to ensure that all information we hold is accurate and up-to-date. Please contact us if your information changes. You may email us at [email protected]

2. DATA WE COLLECT

Personal data means any information capable of identifying an individual. It does not include data that has been anonymized.

We may process certain types of personal data about you as follows:

  • Identity Data may include your first name, maiden name, last name, username, marital status, title, date of birth and gender.
  • Contact Data may include your billing address, delivery address, email address and telephone numbers.
  • Transaction Data may include details about payments between us and other details of purchases made by you.
  • Technical Data may include your login data, internet protocol addresses, browser type and version, browser plug-in types and versions, time zone setting and location, operating system and platform and other technology on the devices you use to access this site.
  • Profile Data may include your username and password, purchases or orders, your interests, preferences, feedback and survey responses.
  • Usage Data may include information about how you use our website, products and services.
  • Marketing and Communications Data may include your preferences in receiving marketing communications from us and our third parties and your communication preferences.

We may also process aggregated data from your personal data but this data does not reveal your identity and as such in itself is not personal data. For example, we may review website usage data to determine which website features are in highest demand, or require the greatest resources. Aggregated, when combined with your personal data in such a manner that you can be identified, is treated as personal data.

Sensitive Data

Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any Sensitive Data about you.

If we are required to collect personal data by law, or pursuant to the terms of a contract between us and you do not provide that data when requested, we may be unable to perform the contract (for example, to deliver goods or services to you). Therefore, If you don’t provide us with requested data, we may need to cancel the contract, and we will so notify you.

3. HOW WE COLLECT DATA

We collect data about you through a variety of different methods including:

  • Direct interactions: You may provide data by filling in forms on our site (or otherwise) or by communicating with us by email, including when you:
    • order our products or services;
    • create an account on our site;
    • subscribe to our service or publications;
    • request resources or marketing be sent to you;
    • give us feedback.
  • Automated data collection: When you use our site, we may automatically collect certain technical data about your hardware, software, usage patterns and browsing actions. We collect data by using cookies, server logs and similar technologies. We may also receive technical data about you if you visit other websites that use our cookies.
  • Third parties or publicly available sources: We may receive personal data about you from various third parties and public sources as set out below Technical Data from the following parties:
    • analytics providers such as Google;
    • advertising networks such as those provided by Facebook; and
    • search information providers Google, Yahoo, Bing, etc.
  • Contact, Financial and Transaction Data from providers of technical, payment and delivery services [such as [Paypal].
    • Identity and Contact Data from data brokers or aggregators\

4. HOW WE USE YOUR DATA

We will only use your personal data when legally permitted. The most common uses of your personal data are:

  • Where we need to perform a contract between us.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal or regulatory obligation.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.

If we need to use your personal data for a purpose unrelated to the purpose for which we collected the data, we will notify you and we will explain the legal ground of processing.

We may process your personal data without your knowledge or consent as required or permitted by law.

5. DISCLOSURE OF DATA

It may, from time-to-time be necessary for us to share your personal data with certain third parties. Those third parties may include:

  • Service providers who provide IT and system administration services.
  • Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
  • Governmental and quasi-governmental authorities of relevant jurisdictions who require reporting of processing activities in certain circumstances.

6. INTERNATIONAL TRANSFERS

If you are visiting this website from outside Australia, please be aware that you are sending information (including Personal Data) to Australia where our servers are located. That information may then be transferred within Australia or back out of Australia to other countries outside of your country of residence, depending on the type of information and how it is stored by us. These countries (including Australia) may not necessarily have data protection laws as comprehensive as those in your country of residence; however, our collection, storage and use of personal data will at all times continue to be governed by this privacy policy. Many of our third-party service providers are based in other countries so their processing of your personal data will involve a transfer of data across international boundaries.

7. SECURITY

We have implemented reasonable security measures to prevent personal data from being accidentally used or accessed in an unauthorised way, altered, disclosed or lost. In addition, we limit access to personal data to those employees, agents, contractors and other third parties who have a business need to know such data.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if legally required to do so.

8. DATA RETENTION

We will only retain personal data for as long as necessary to fulfill the purposes for which it was collected, and for the purpose of satisfying any legal, accounting, or reporting requirements.

In determining the retention period for personal data, we consider the quantity, character, and sensitivity of the personal data, the potential risk of harm from improper or unauthorized use or disclosure, the purposes for which we process personal data, whether we can achieve those purposes through other means, and the applicable legal requirements.

For tax purposes, we may be required to retain certain basic information about our customers (including Contact, Identity, Financial and Transaction Data) for as many as seven (7) years after they cease being customers.

In some circumstances you can ask us to delete your data: see below for further information.

In some circumstances we may anonymize personal data (so that it can no longer be associated with particular individuals) so that we may use it to for research or statistical purposes. Anonymized information may be retained and used indefinitely without further notice to you.

9. YOUR RIGHTS

Under certain circumstances, applicable data protection laws may confer upon you certain rights, including the right(s) to:

(a) Request access to your personal data.
(b) Request that we correct your personal data.
(c) Request that we erase your personal data.
(d) Object to processing of your personal data.
(e) Request that we restrict processing of your personal data.
(f) Request that we transfer your personal data.
(g) Withdraw your consent, if we have relied upon it.

Ordinarily, there is no fee to access your personal data (or to exercise any of the other rights). However, if your request is clearly unfounded, repetitive or excessive, we may charge a reasonable fee or refuse to comply with your request.

As a security measure to ensure that personal data is not disclosed to any person without a right to receive it, we may request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). We may also contact you to ask you for further information in relation to your request to expedite our response.

If you exercise any of these rights, we will try to respond within one month, however if your request is complex, or you have made several requests, we may need more time in which to respond. We will endeavour to keep you updated.

10. THIRD-PARTY WEBSITES

Our website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy policies. Whenever you navigate away from our website, you should read the privacy policies of the other sites you visit.

11. COOKIES

You can set your browser to refuse all or some browser cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.

This privacy policy was last updated on the 1 August 2023

Terms of Use

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://australiandiscoveryorchestra.com website (the “Service”) operated by Quill and Quaver Associates Pty. Ltd. (the “Site Operator”, ”us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Provision of Services
You agree and acknowledge that the Site Operator is entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it. Furthermore, you agree and acknowledge that the Site Operator is entitled to provide services to you through subsidiaries or affiliated entities.

Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Quill & Quaver Associates and its licensors. The Service is protected by copyright, trademark, and other laws of Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Quill & Quaver Associates.

Proprietary Rights
You acknowledge and agree that the Quill & Quaver Associates Pty. Ltd. may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. Quill & Quaver Associates Pty. Ltd. authorizes you to view portions of its content for personal, non-commercial use. Our content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.

Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Quill & Quaver Associates Pty. Ltd. Quill & Quaver Associates Pty. Ltd. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Quill & Quaver Associates Pty. Ltd. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification
You agree to defend, indemnify and hold harmless Quill and Quaver Associates Pty. Ltd., and their licensees and licensors, employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

Limitation Of Liability
In no event shall the Site Operator nor its parents, subsidiaries, owners, directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third-party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Quill & Quaver Associates Pty. Ltd., subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law
These Terms shall be governed and construed in accordance with the laws of the Nation of Australia, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30-days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us
If you have any questions about these Terms, please contact us by email at: [email protected]

Last updated: 1 August 2023