TERMS AND CONDITIONS

Hipfish Enterprises Pty Ltd  
ABN 87 993 738 532

2003 – Hipfish Enterprises Pty Ltd is in the business of providing marketing, printing, graphic design, and website design, and website development services for a fee.

Acceptance of a Quote by email or payment of a deposit or an online acceptance via our digital quoting system implies your agreement with our Terms And Conditions.

Please download a copy of our Standard Terms and Conditions here.

 

PRIVACY POLICY

Updated March 2014

1. Introduction

1.1 We understand that the privacy of your personal details, and the security of your transactions with us, is of paramount importance to you. Hipfish’s Privacy Policy sets out the rules we will abide by when dealing with personal information we collect from individuals in the course of our business. This policy is consistent with the Australian Privacy Principals of the Privacy Act 1988.

1.2 We may make alterations or additions to this policy from time to time. Should we do so, we will update the policy on our web site. We require that all our customers agree to abide by our Privacy policy as part of our terms of trade. This policy also applies to users of our web site who are not customers of Hipfish

1.3 Please note that we cannot and do not assume any responsibility for the privacy or security practices of any other web sites which you may be able to access through our site, or for our customers’ level of compliance with our code.

2. What Information Do We Collect?

Hipfish collects different information about you at different times. These are the broad categories of information that we collect from you:

2.1 Information we require to supply our services.

• When you first sign up or contract with Hipfish for our services, or when you make an inquiry about our services, we collect information such as your name, address, telephone number, domain name, email details of your primary and secondary contacts.
• We may also monitor and/or record telephone conversations with you from time to time in order to train staff and to improve our service to you.

2.2 Non personally identifying information.
• In addition to the information you specifically provide above, Hipfish operates statistics gathering software on its web site to collect information about the number of visitors coming to the site. No identifying information is collected by this software. The software records the IP address of the visitor only. We use this information to improve our own technical structure and performance, and to determine which areas of our web site are most popular.
• We also use ‘cookies’. Cookies are pieces of information that a web site can transfer to an individual’s computer in order to allow that web site to store information about user preferences. We use cookies to provide information on our product offerings through content networks across the internet, to track your interaction with our website and to personalise your experience on our website. The cookies expire once the visitor leaves our web site. It is possible to adjust your Internet browser to refuse cookies, but you may find that this reduces the functionality of this site.

2.3 Other demographic information.

If you respond voluntarily to our surveys or other interactive communications, we collect the responses and use the information to improve the quality and range of Hipfish’s products and services.

3. How Do We Use Personal Information We Have Collected?

3.1 We collect and use your personal information to operate our web site and deliver our services to you. We will use your personal information to provide you with: sales and technical support, billing and credit control, product upgrades and information, renewal notices, maintenance notices, system changes and other functions relevant to your services with us.

3.2 When you contract with Hipfish for our services or make enquiries of our services, you will be requested to provide your consent to us to send promotional material to you. You may stop the delivery or “opt out” of future promotional email from Hipfish by following the specific instructions in the email you receive. These instructions will tell you how to remove your name from our promotional email list.

3.3 We may use your personal information to:

• contact you in relation to upgrading your use of our services, special offers (from us, or on behalf of third parties), with newsletters, surveys, and individual service audits, or in response to any expression of interest we may receive from you in relation to our products and services;
• identify the source of new customers to Hipfish;
• monitor and address complaints, other feedback, and to resolve disputes;
• in the case of credit cards, to bill you for services;
• in the case of ABNs, to verify your identity;
• maintain a technical and account history of your dealings with us,
• comply with our reporting and other obligations to third party suppliers and licensors (such as reporting to software suppliers the number and identity of software licenses we have issued as part of our products and personal information required by the provider of digital certificates);
• comply with our obligations as a domain name reseller, via our registrar, to make available your personal information on the publicly accessible WHOIS domain name database.

3.4 We will treat all information we collect from you as strictly confidential. Hipfish does not rent or lease its customer lists to third parties. We will not reveal, disclose, sell, distribute, rent, licence, share or pass onto any third party (other than those who are contracted or supply services to Hipfish including of spam filter operators) any personal information that you may have provided to us unless we have your express consent to do so, other than in the circumstances set out in the next paragraph.

3.5 We will disclose your personal information, without notice or your consent, only:

• if we are required to do so by law or in the good faith belief that such action is necessary to conform with the laws, applicable code of conduct or legal process served on us in relation to our business or web site;
• to protect and defend the rights or property of Hipfish;
• if we consider it necessary to do so in order to enforce or apply the terms of any of our agreements with you;
• to contractors providing licensed collections services, credit card payment processing and CRM services, who comply with our privacy and security policies;
• if we sell our business or part of it; and
• in extreme circumstances, to protect the personal safety of users of Hipfish services, its web site, our staff or the public.

4. Disclosure of your information to third parties
Hipfish Creative is part of the Hipfish Enterprises Pty Ltd group of companies Any information which you supply to Hipfish will be shared within the internal company group to facilitate our provision of products and services to you. Each member of the Hipfish Enterprises Pty Ltd group of companies is committed to protecting your personal information. such as:
• the distribution of marketing information to you (except where you have chosen to opt out of receiving this information from us);
• the supply of domain name services, website design, SEO and other services (providers in Australia);
• support services
• Our relationships with any third party service providers are governed by our contracts with them. Those service contracts contain privacy and confidentiality provisions which are consistent with the Australian Privacy Law obligations.

5. Security

5.1 Hipfish Enterprises Pty Ltd has implemented security features in our database to protect your personal information from unauthorised access. We maintain our servers in a controlled, secured environment. Only staff who need to have access to your personal information in order to perform their job function are authorised to access the database. Constant changes to the Internet and technology mean that we cannot guarantee that data transmission will be 100% secure, or safe from attack by unauthorised intruders.

5.2 In order to protect the security of personal information transmitted to Hipfish online, our web servers support the use of the Secure Socket Layer (SSL) Protocol where appropriate. Using this protocol, information transferred between our systems is encrypted.

6. Other Disclosure By You

6.1 You might provide personal information through your participation in chat sessions, email exchanges or newsgroups accessed via our web sites, or another service provided by Hipfish. This information is public and immediately available to anyone who has access to such a site; it is not private. Hipfish urges you to enter only information that you are comfortable to share with the public at large in this public domain.

6.2 You should never reveal your password to third parties. If you lose control of your password, you may lose control over your personal information and may be liable for actions taken on your behalf by third parties using your password and/or personal information. Therefore, if your password has been compromised for any reason, you should immediately change it.

6.3 If you collect personal information which you keep on servers provided by Hipfish as part of our service to you (including email), you alone are responsible for compliance with the Privacy Act 1988 (Cth) in respect of that information. We take no responsibility for your dealings with personal information you collect.

8. Children’s Privacy

Hipfish does not knowingly collect, use or market any information to children without seeking parental or a guardian’s consent.

9. Complaints
If you have a complaint about any aspect of our Privacy procedures, please contact our Privacy Officer on office@hipweb.com.au We will deal promptly with your complaint. If we cannot resolve the complaint to your satisfaction within a reasonable time, you or we may refer the complaint to the Privacy Commissioner.

Copyright and I.P

Hipfish Enterprises Pty Ltd
You will receive certain materials from Hipfish Enterprises Pty Ltd, either in the form of a ‘proof’ or as completed artwork. Hipfish Enterprises Pty Ltd owns the copyright in the overall selection, coordination, arrangement and enhancement of such ‘Materials’, and owns the rights in, or license of, the individual components of such content. Any ‘material’ commissioned by you may be used by you once it is in its completed form and as long as it remains unchanged from its original completed format.

Any materials supplied to you by Hipfish Enterprises Pty Ltd, including but not limited to, design, design elements, style, text, software, photos, video, graphics and audio, (collectively “Materials”) are protected by international copyright, trademark and other laws and remain the property of Hipfish Enterprises Pty Ltd and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, including but not limited to the design, style, text, images, audio and/or video.

You do not acquire any license, ownership or other rights to the Materials supplied to you by Hipfish Enterprises Pty Ltd. Modification of the Materials is a violation of Hipfish Enterprises Pty Ltd’s copyright, trademark, intellectual property rights and other proprietary rights and may violate other laws.

LOGO STYLE GUIDE EXAMPLE

Hipfish Enterprises Pty Ltd
ABN 87 993 738 532

Please observe the logo style guidelines when using a logo created by Hipfish Enterprises Pty Ltd.

In order to preserve and protect a professional brand image, wherever the logo is used, consult the guidelines below:

This Style Guide is to ensure that consistency and professionalism is maintained wherever the brand image is used.

COMPANY
The logo is a unique trademark used to identify all properties, products, services, marketing and communication materials related to a company.

When using the logo:
Never alter the logo design in any way
Never distort or alter the shape of the logo
Never create the logo using an alternate font
Use the correct logo color combinations
Never use unapproved colored versions

A logo created by Hipfish Enterprises Pty Ltd is copyrighted to Hipfish Enterprises Pty Ltd. Hipfish Enterprises Pty Ltd warrants that the copyrighted work is owned solely by Hipfish Enterprises Pty Ltd. Hipfish Enterprises Pty Ltd as Licensor has the power and authority to grant a license to a company.

EXAMPLE OF CLIENT COPYRIGHT LICENSE AGREEMENT

Hipfish Enterprises Pty Ltd
ABN 87 993 738 532

COPYRIGHT OWNER DETAILS
Copyright Owner Type: COMPANY
Name: Hipfish Enterprises Pty Ltd
Address:Shop 3 Galway Crt, Mackay, Qld, Australia / www.Hipfish Enterprises Pty Ltd.com.au
Creator: The Creator of the Copyright Work is the Copyright Owner

COPYRIGHT WORK DETAILS
Copyright Work for: Company Name
Copyright Work description: Work Description i.e. Logo/Website

MORAL RIGHTS DETAILS
Creator`s right of attribution reserved: YES
Creator`s right of integrity reserved: YES
RIGHTS GRANTED: Work is copyrighted to Hipfish Enterprises Pty Ltd. Hipfish Enterprises Pty Ltd warrants that the copyrighted work is owned solely by Hipfish Enterprises Pty Ltd. Work does not infringe on the rights of any third party. Hipfish Enterprises Pty Ltd as Licensor has the power and authority to grant the license to Named Company. Work can only be used by Named Company (The Licensee) one time only, in the medium for which it was designed * (unless otherwise agreed in writing). Hipfish Enterprises Pty Ltd insists on a high quality standard of usage. Hipfish Enterprises Pty Ltd reserves the right to review and approve the usage.

APPLICABLE JURISDICTION:
Australia & International

* Logo: Company Logo is copyrighted to Hipfish Enterprises Pty Ltd. Hipfish Enterprises Pty Ltd warrants that the copyrighted work is owned solely by Hipfish Enterprises Pty Ltd. Company Logo does not infringe on the rights of any third party. Hipfish Enterprises Pty Ltd as Licensor has the power and authority to grant the license to Company . Company Logo can be used by Company (The Licensee) in any medium they require. Hipfish Enterprises Pty Ltd insists on a high quality standard of reproduction. Hipfish Enterprises Pty Ltd reserves the right to review and approve any new work incorporating the licensed material.