1. Introduction
Agilis Media Pty Ltd (ACN [617 101 783]) (“Agilis Media”, “we”, “us”, or “our”) is a Brisbane-based marketing agency that helps businesses grow through strategy, content, digital marketing, and web design.
We are committed to protecting the privacy of every person who interacts with our website, engages our services, or provides us with personal information. This Privacy Policy explains how we collect, use, store, disclose, and protect personal information in accordance with our legal obligations.
This Policy applies to all personal information we handle, whether collected online, by phone, in person, or in the course of delivering services to clients.
2. Applicable Laws and Frameworks
Our privacy practices are governed by and designed to comply with the following laws and frameworks:
Australia (Primary Jurisdiction)
- Privacy Act 1988 (Cth), including the 13 Australian Privacy Principles (APPs), as amended by the Privacy and Other Legislation Amendment Act 2024
- Spam Act 2003 (Cth), administered by the Australian Communications and Media Authority (ACMA)
- Do Not Call Register Act 2006 (Cth)
- Australian Consumer Law (Competition and Consumer Act 2010 (Cth))
International Frameworks (for international clients and contacts)
- EU/UK General Data Protection Regulation (GDPR / UK GDPR): Where we handle personal data of individuals located in the European Economic Area or United Kingdom, we apply GDPR-equivalent standards including lawful basis for processing, data subject rights, and restrictions on international data transfers.
- New Zealand Privacy Act 2020: Where we handle personal information of New Zealand individuals, we comply with the Information Privacy Principles (IPPs) under that Act.
- Canada: PIPEDA (Personal Information Protection and Electronic Documents Act) principles are observed for Canadian contacts.
- USA: Where applicable, we follow the CAN-SPAM Act requirements for commercial electronic messages to US recipients.
Where the laws of more than one jurisdiction apply, we apply the higher standard of protection.
3. Information We Collect
We collect personal information that is reasonably necessary for our business functions. The types of information we may collect include:
3.1 Contact and Identity Information
- Full name
- Email address
- Phone number
- Business name and ABN/ACN (where applicable)
- Postal address
3.2 Enquiry and Communications Data
- Information you submit through our website contact form
- Messages and correspondence with us via email, phone, or social media
- Details of the services you enquire about or engage us for
3.3 Client and Project Information
- Business information relevant to the delivery of marketing services
- Access credentials and platform information (e.g. social media, CRM, ad platforms) provided for service delivery purposes
- Campaign performance data and reporting information
3.4 Website Usage Data
- IP address and approximate location
- Browser type and device information
- Pages visited and time spent on site
- Referring website or search query
- Cookie and tracking data (see Section 9)
3.5 Marketing and Consent Data
- Email marketing consent records (including date, time, and method of consent)
- Unsubscribe requests and suppression list records
We collect personal information directly from individuals wherever practicable. Where information is collected from a third party, we take reasonable steps to ensure the collection is lawful.
4. How We Use Your Information
We use personal information only for the purposes for which it was collected, or for related purposes that you would reasonably expect. These include:
- Responding to your enquiries and providing the services you have requested
- Managing our client relationships and delivering contracted marketing services
- Sending service-related communications (e.g. project updates, invoices, reporting)
- Sending marketing communications where you have provided consent or where a legitimate interest applies (see Section 5)
- Improving the performance and content of our website
- Complying with our legal obligations
- Managing disputes or complaints
- Internal business administration, including record-keeping and financial reporting
We will not use your personal information for purposes that are incompatible with the above without first seeking your consent.
5. Legal Basis for Processing (GDPR and International Clients)
For individuals whose personal information is subject to the GDPR or equivalent frameworks, we process personal data on the following legal bases:
- Contractual necessity: Processing required to enter into or perform a contract with you or your organisation.
- Consent: Where you have given clear consent, including for marketing communications.
- Legitimate interests: Where we have a legitimate business interest that is not overridden by your rights, such as improving our services, preventing fraud, or communicating with prospective clients.
- Legal obligation: Where processing is necessary to comply with a legal requirement.
You may withdraw consent at any time without affecting the lawfulness of processing carried out before withdrawal.
6. Direct Marketing
We may send you marketing communications about our services, insights, and relevant updates. In doing so, we comply with both the Australian Spam Act 2003 and relevant international standards.
6.1 Consent
We will only send commercial electronic messages (email, SMS) where we have obtained your prior consent, either expressly or, where permitted by law, by inference from a pre-existing business relationship. Consent records are maintained and timestamped.
6.2 Identification
Every commercial message we send will clearly identify Agilis Media as the sender and include our contact details.
6.3 Unsubscribe
Every marketing communication will include a functional and clearly visible unsubscribe mechanism. Unsubscribe requests will be processed within 5 business days and honoured immediately. We maintain a suppression list to ensure opted-out contacts are not re-contacted.
If you do not wish to receive marketing communications from us at any time, you may unsubscribe via the link in any email, or contact us directly at hello@agilismedia.com.au.
7. Disclosure of Personal Information
We do not sell, rent, or trade personal information. We may disclose personal information to third parties in the following circumstances:
- Service providers: Third-party vendors who assist us in delivering services, such as cloud hosting, email marketing platforms, CRM software, analytics tools, and payment processors. These providers are required to handle personal information securely and in accordance with applicable privacy laws.
- Professional advisers: Lawyers, accountants, and insurers, where required for legitimate business purposes and subject to confidentiality obligations.
- Law enforcement and regulators: Where we are required by law, court order, or regulatory direction to disclose information.
- Business transfers: In the event of a merger, acquisition, or sale of business assets, personal information may be transferred as part of that transaction. We will notify affected individuals as required by law.
Where we engage third-party processors, we enter into data processing agreements that require them to protect personal information to at least the same standard as this Policy.
8. International Data Transfers
Some of the third-party tools and platforms we use may store or process data outside of Australia. Where this occurs, we take steps to ensure that adequate protections are in place, consistent with APP 8 and, where applicable, the GDPR requirements for international data transfers.
Platforms and tools we commonly use that may involve overseas processing include cloud services (such as Google Workspace and Meta Ads platforms), CRM and email marketing tools, and analytics services. These providers maintain their own privacy policies and participate in recognised international data transfer frameworks.
If you would like more information about how your data may be transferred internationally, please contact us using the details in Section 13.
9. Cookies and Tracking Technologies
Our website uses cookies and similar tracking technologies to improve user experience, measure website performance, and support our marketing activities.
9.1 Types of Cookies We Use
- Essential cookies: Required for the website to function correctly. These cannot be disabled without affecting core website functionality.
- Analytics cookies: Used to understand how visitors interact with our website, including pages visited and time on site (e.g. Google Analytics).
- Marketing and advertising cookies: Used to track visits and deliver relevant advertising on third-party platforms (e.g. Google Ads, Meta Pixel).
9.2 Your Choices
You can control cookie settings through your browser preferences. Disabling certain cookies may affect website functionality. Where required by law (including for visitors from the EU/UK), we obtain consent before placing non-essential cookies.
For more information on how to manage cookies, visit allaboutcookies.org.
10. Data Security
We take reasonable steps to protect personal information from misuse, interference, loss, and unauthorised access, modification, or disclosure. Our security measures include:
- Use of reputable, enterprise-grade cloud platforms with encryption in transit and at rest
- Access controls that limit personal information to authorised personnel only
- Staff awareness of privacy obligations
- Regular review of our security practices
In the event of an eligible data breach as defined under the Notifiable Data Breaches scheme (Privacy Act 1988, Part IIIC), we will notify the Office of the Australian Information Commissioner (OAIC) and affected individuals as required by law, within the required timeframes.
11. Your Privacy Rights
Depending on your location and applicable law, you may have the following rights in relation to your personal information:
11.1 All Individuals (Australian Privacy Principles)
- Access: You may request access to the personal information we hold about you.
- Correction: You may request that we correct personal information that is inaccurate, incomplete, or out of date.
- Complaints: You may lodge a complaint with us about how we have handled your personal information.
11.2 EU / UK Individuals (GDPR Rights)
- Right to erasure (right to be forgotten): You may request deletion of your personal data in certain circumstances.
- Right to restriction of processing: You may request that we limit how we use your data in certain circumstances.
- Right to data portability: You may request a copy of your data in a structured, machine-readable format.
- Right to object: You may object to processing based on legitimate interests or for direct marketing purposes.
- Right to withdraw consent: At any time, where processing is based on consent.
11.3 New Zealand Individuals
Individuals whose information is subject to the NZ Privacy Act 2020 have the right to access and request correction of their personal information held by us.
To exercise any of the above rights, please contact us using the details in Section 13. We will respond within 30 days (or such shorter period as required by applicable law). We may need to verify your identity before processing your request.
12. Data Retention
We retain personal information only for as long as it is reasonably necessary for the purposes for which it was collected, or as required by law. This generally means:
- Client records: Retained for a minimum of 7 years after the end of the engagement, in line with Australian tax and financial record-keeping obligations.
- Marketing suppression lists: Retained indefinitely to ensure compliance with unsubscribe requests.
- Website analytics data: Typically retained for up to 26 months.
- Enquiry data (non-clients): Retained for up to 2 years from the date of enquiry, unless a client relationship develops.
When personal information is no longer required, we will take reasonable steps to destroy or de-identify it securely.
13. Contact Us and Feedback
If you have any questions about this Privacy Policy, wish to exercise a privacy right, or have a concern about how we have handled your personal information, please contact us:
Business: Agilis Media Pty Ltd
Address: 1/1000 Waterworks Rd, The Gap QLD 4061, Australia
Email: hello@agilismedia.com.au
Phone: (07) 351 01404
Website: https://agilismedia.com.au
We will acknowledge your complaint within 5 business days and aim to resolve it within 30 days. If you are not satisfied with our response, you may escalate your matter to the relevant authority:
- Australia: Office of the Australian Information Commissioner (OAIC) — oaic.gov.au
- EU / UK: Your local data protection authority (e.g. the ICO in the United Kingdom)
- New Zealand: Office of the Privacy Commissioner — privacy.org.nz
14. Updates to This Policy
We may update this Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements, or other factors. The current version will always be available on our website at https://agilismedia.com.au/privacy-policy.
Where we make material changes, we will notify you by email (where we hold your contact details) or by a prominent notice on our website. We encourage you to review this Policy periodically.
15. Legal Disclaimer
This Privacy Policy has been prepared to assist Agilis Media Pty Ltd in communicating its privacy practices. It does not constitute legal advice. Agilis Media recommends seeking independent legal counsel to confirm compliance with all applicable laws, particularly where operations span multiple jurisdictions. Privacy law requirements may change, and this Policy will be updated accordingly.
