Privacy policy
This Privacy Policy applies to all personal information collected by Amy Creasey Virtual Executive Assistant (we, us or our) via the website located at www.amycreasey.com (Website).
1. What information do we collect?
The kind of Personal Information that we collect from you will depend on how you use the website. The Personal Information which we collect and hold about you may include: Name, telephone number and email address
2. Types of information
The Privacy Act 1998 (Cth) (Privacy Act) defines types of information, including Personal Information and Sensitive Information.
Personal Information means information or an opinion about an identified individual or an individual who is reasonably identifiable:
(a) whether the information or opinion is true or not; and
(b) whether the information or opinion is recorded in a material form or not.
If the information does not disclose your identity or enable your identity to be ascertained, it will in most cases not be classified as “Personal Information” and will not be subject to this privacy policy.
Sensitive Information is defined in the Privacy Act as including information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive Information will be used by us only:
(a) for the primary purpose for which it was obtained;
(b) for a secondary purpose that is directly related to the primary purpose; and
(c) with your consent or where required or authorised by law.
3. How we collect your Personal Information
(a) We may collect Personal Information from you whenever you input such information into the Website, related app or provide it to Us in any other way.
(b) We may also collect cookies from your computer which enable us to tell when you use the Website and also to help customise your Website experience. As a general rule, however, it is not possible to identify you personally from our use of cookies.
(c) We generally don’t collect Sensitive Information, but when we do, we will comply with the preceding paragraph.
(d) Where reasonable and practicable we collect your Personal Information from you only. However, sometimes we may be given information from a third party, in cases like this we will take steps to make you aware of the information that was provided by a third party.
4. Purpose of collection
(a) We collect Personal Information to provide you with the best service experience possible on the Website and keep in touch with you about developments in our business.
(b) We customarily only disclose Personal Information to our service providers who assist us in operating the Website. Your Personal Information may also be exposed from time to time to maintenance and support personnel acting in the normal course of their duties.
(c) By using our Website, you consent to the receipt of direct marketing material. We will only use your Personal Information for this purpose if we have collected such information direct from you, and if it is material of a type which you would reasonably expect to receive from use. We do not use sensitive Personal Information in direct marketing activity. Our direct marketing material will include a simple means by which you can request not to receive further communications of this nature, such as an unsubscribe button link.
(d) You can manage your marketing preferences through your account settings or by contacting Amy Creasey. We will process opt-out requests within three business days and maintain records of your preferences. Marketing communications will not exceed four messages per month, and each communication will clearly display preference management options. If you choose to opt-out, we will retain minimal Personal Information necessary to ensure compliance with your request.
5. Security, Access and correction
(a) We store your Personal Information in a way that reasonably protects it from unauthorised access, misuse, modification or disclosure. When we no longer require your Personal Information for the purpose for which we obtained in, we will take reasonable steps to destroy and anonymise or de-identify it. Most of the Personal Information that is stored in our client files and records will be kept for a maximum of 7 years to fulfil our record keeping obligations.
(b) The Australian Privacy Principles:
(i) permit you to obtain access to the Personal Information we hold about you in certain circumstances (Australian Privacy Principle 12); and
(ii) allow you to correct inaccurate Personal Information subject to certain exceptions (Australian Privacy Principle 13).
(c) Where you would like to obtain such access, please contact us in writing on the contact details set out at the bottom of this privacy policy.
6. Complaint procedure
If you have a complaint concerning the manner in which we maintain the privacy of your Personal Information, please contact us as on the contact details set out at the bottom of this policy. All complaints will be considered by Amy Creasey and we may seek further information from you to clarify your concerns. If we agree that your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem. If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner.
7. Documentation and Response Timeline
We will acknowledge receipt of your complaint within three business days and provide you with a reference number. Amy Creasey will investigate your complaint and maintain detailed records of all communications and findings. We aim to resolve all privacy complaints within 21 business days. If additional time is required, we will notify you in writing. All complaint documentation will be retained for 24 months following resolution. If the matter requires escalation, Amy Creasey will personally review your case within three business days of the escalation request.
8. Overseas transfer
Your Personal Information will not be disclosed to recipients outside Australia unless you expressly request us to do so. If you request us to transfer your Personal Information to an overseas recipient, the overseas recipient will not be required to comply with the Australian Privacy Principles and we will not be liable for any mishandling of your information in such circumstances.
9. GDPR
In some circumstances, the European Union General Data Protection Regulation (GDPR) provides additional protection to individuals located in Europe. The fact that you may be located in Europe does not, however, on its own entitle you to protection under the GDPR. Our website does not specifically target customers located in the European Union and we do not monitor the behaviour of individuals in the European Union, and accordingly the GDPR does not apply.
10. How to contact us about privacy
If you have any queries, or if you seek access to your Personal Information, or if you have a complaint about our privacy practices, you can contact us through: amy@amycreasey.com.
WEBSITE DISCLAIMER
All care is taken in the preparation of the information and published materials on this site. Amy Creasey does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose. To the extent permissible by law, Amy Creasey will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason.
If you have any concerns regarding the content of the Website, please contact Amy Creasey at amy@amycreasey.com.
Website Terms and Conditions
WEBSITE TERMS AND CONDITIONS OF USE
1. About the Website
(a) Welcome to www.amycreasey.com (Website). The Website is executive virtual assistant support (Services).
(b) The Website is operated by Amy Creasey (ABN 48326975101). Access to and use of the Website, or any of its associated Products or Services, is provided by Amy Creasey. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
(c) Amy Creasey reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Amy Creasey updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
(d) You agree that may, in its sole discretion and without prior notice, modify, discontinue, or restrict the use of any portion of the Website or Services, including the availability of any features, database, or content. shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or Services.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Amy Creasey in the user interface.
3. Your obligations as a Member
As a Member, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(a) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(ii) you have the sole responsibility for protecting the confidentiality of your email address;
(iii) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Amy Creasey of any unauthorised use of your email address, contact details or any breach of security of which you have become aware;
(iv) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Amy Creasey providing the Services; you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Amy Creasey;
(vi) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Amy Creasey for any illegal or unauthorised use of the Website; and
(viii) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
4. Copyright and Intellectual Property
(a) The Website, the Services and all of the related products of Amy Creasey are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Amy Creasey or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Amy Creasey, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website in your device's cache memory; and
(iii) print pages from the Website for your own personal and non-commercial use.
(iv) not modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works based on any portion of the Website or its content without prior written consent from Amy Creasey;
Amy Creasey does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Amy Creasey.
(c) Amy Creasey retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any.
(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
(d) You may not, without the prior written permission of Amy Creasey and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
(e) You acknowledge and agree that all content and materials available on the Website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorised by , you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.
5. Privacy
Amy Creasey takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Amy Creasey's Privacy Policy, which is available on the Website.
Amy Creasey collects personal information that you voluntarily provide when using the Website and Services, including but not limited to your name, email address and contact details. This information is collected, stored and processed in accordance with the Australian Privacy Principles under the Privacy Act 1988 (Cth). We implement appropriate technical and organisational measures to protect your personal information, retain it only for as long as necessary, and will not share it with third parties except where required for Service delivery or by law. You have the right to access, correct, or request deletion of your personal information by contacting us. For detailed information about our privacy practices, please refer to our Privacy Policy.
6. General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(ii) Amy Creasey will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Amy Creasey make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Amy Creasey) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Services or any of the products of Amy Creasey; and the Services or operation in respect to links which are provided for your convenience.
(d) Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the ACICA Arbitration Rules. The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one.
7. Limitation of liability
(a) Amy Creasey's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
(b)_ You expressly understand and agree that Amy Creasey, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
8. Competitors
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Amy Creasey. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Amy Creasey will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
9. Indemnity
You agree to indemnify Amy Creasey, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
10. Dispute Resolution
(a) Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
(b) Notice:
A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
(c) Resolution:
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
(i) Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(ii) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Mediation Association and the Resolution Institute;
(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(iv) The mediation will be held in Sydney, Australia.
(d) Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
(e) Termination of Mediation:
If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and themediator must do so.
11. Venue and Jurisdiction
The Services offered by Amy Creasey is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
12. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
13. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.