Privacy Policy

1. Introduction

David Tiong values the privacy of our website viewers and our clients. This Privacy Policy covers our websites https://tiongcreative.com.au and https://www.davidtiong.com and all businesses and services of David Tiong, including Tiong Creative, David Tiong Web Design and David Tiong Web Consultancy, and sets out how we handle your personal and client information. In this document we refer to David Tiong as "we", "our" or "David Tiong".

2. Definitions

"Client" or "Customer" means the customer who has received services or products provided by David Tiong, including customer support.

"Client Records" means personal data, reports, purchases and services history, communications, and information supplied by the Client, or to the Client from David Tiong, that is stored on our services or our third party providers.

"Personal Data" means any information relating to an identified or identifiable natural person; in particular by reference to an identifier such as a name, location data, IP address, email and phone number.

"Public Area" means the area of our website that can be accessed both by Users and Visitors, without needing to login.

"Restricted Area" means the area of our website that can be accessed only by Users who have login access.

"User" means an employee, agent or representative of a Client, who primarily uses restricted areas of our website.

"Visitor" means an individual who uses the public area of our website only and does not access restricted areas or request our services.

3. Information we collect

a) Our services

We may collect personally identifiable information about our clients and users, such as your full name, phone number, email address, mailing address, geographic area, or similar, when you contact us or request our services. Any telephone conversations or online voice and video conversations (for example Skype and Zoom) may be monitored or recorded in order to facilitate staff training and for verification purposes. If you choose to purchase a product or service from us, we or our third party processors will collect your payment information. We do not send any promotional emails, unless you have opted into our email marketing communications. However we may our customers and clients any service related emails, information about new and current services and products, and important notifications.

b) Our website

We may collect basic visitor and user data when you navigate our website, including IP address, browser and device type, geographic location, and information about previous visits. Personal and business details may be collected from those who engage our services or contact us, such as when filling in a form on our website, purchasing a product, contacting us through live chat, filling in our appointment forms, sending an email, joining our membership programs or mailing lists, or contacting us using other channels of communications.

If you join our website membership program, then at checkout, we will collect your name, email address, username, and password. This information is used to setup your account for our site. If you are redirected to an offsite payment gateway to complete your payment, we may store this information in a temporary session variable to setup your account when you return to our site. At checkout, we may also collect your billing address and phone number. This information is used to confirm your credit card. The billing address and phone number are saved by our site to prepopulate the checkout form for future purchases and so we can get in touch with you if needed to discuss your order. At checkout, we may also collect your credit card number, expiration date, and security code. This information is passed to our payment gateway to process your purchase. The last 4 digits of your credit card number and the expiration date are saved by our site to use for reference and to send you an email if your credit card will expire before the next recurring payment. When logged in, we use cookies to track some of your activity on our site including logins, visits, and page views.

Tracking technologies such as cookies, beacons, tags and scripts are used by David Tiong and our analytics and service providers, to analyse trends, administer the services provided on the website including user preferences, track user interaction, as well as for security purposes. We may receive reports based on the use of these technologies by such companies. We use Google Analytics, Matomo, and Clicky Analytics for tracking analytics, Mailerlite for managing our email subscriptions and campaigns, HubSpot for our live chat, Help Scout for our help desk and knowledge base, and WPForms or Webflow forms for our contact forms. Some or all of these tools may be used to track information about your behaviour on our websites. Please visit the respective websites of these services for more information, and in sections 3c and 4b of this privacy policy.

Social Media Widgets: our website may use social media features such as social sharing buttons and social widgets. These features may collect your browsing information including IP address and the page that you are visiting on our website, and set cookies to enable the feature to function correctly. Social media widgets are either hosted by a third party or hosted directly on our website, as such your interactions with these features is governed by the privacy policies of the third party organisations that are providing the widget.

Embedded Content: Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that website.

c) Access and retention of data

We retain client records including personal data for as long as needed to provide our services and to comply with our legal obligations. An individual who wishes to correct, amend or delete inaccurate personal data should email to privacy@davidtiong.com.

We use the Google Analytics Data Retention controls to set a time period of 26 months before user-level and event-level data stored by Google Analytics is automatically deleted from Analytic's servers. This is a new setting available from Google, that comes into effect after May 25th 2018. More information is available at https://support.google.com/analytics/answer/7667196?hl=en.

We use Clicky Analytics to log and analyse the traffic to our web site. You may review Clicky's privacy policy at https://clicky.com/terms/privacy. A "Unique ID" tracking cookie is used for the "legitimate purpose" of identifying unique visitors, but otherwise no "personal data" is logged. Clicky Analytics retains visitor and action logs for a minimum of 6 months and logs are purged by Clicky Analytics from their servers at certain intervals (every 1-2 years).

HubSpot live chat we use on our client support page, and some other pages on our website. We collect your email address and name for the purposes of recording the chat as well as identifying yourself to our support team. This is necessary to provide our service to you. HubSpot uses cookies in your browser to administer this service. We also use records of live chats for our staff training, to improve our services. You may review HubSpot's privacy policy at https://legal.hubspot.com/privacy-policy.

We use Setmore and Calendly to manage our appointment bookings, which integrate with Google Calendar. We collect your name, email address, business name and any other details you provide when using this service. For information about how your information is stored and used, please visit the Setmore privacy policy at https://www.setmore.com/#privacy-policy, Calendly privacy policy at https://calendly.com/pages/privacy, and Google privacy policies at https://policies.google.com/privacy.

WordPress is a website content management system that we may use for some of our websites. When visitors leave comments on the website we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection. An anonymised string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available at https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment. If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognise and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website, we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information. If you wish to have a copy of your personal data that has been collected and stored on our website, or if you wish to have your personal data deleted from our website, please email to privacy@davidtiong.com. This does not include any data we are obliged to keep for administrative, legal, or security purposes. If you upload images to our website, you should avoid uploading images with embedded location data (EXIF GPS) included as visitors to our website can download and extract any location data from images on our website.

Webflow is also a website management system that we may use for some of our websites. If visitors leave comments on the site in blog posts, then we are using ReplyBox (https://getreplybox.com/privacy-policy) which is a no user tracking service.

We use MailerLite as our marketing automation platform. When you signup for our email marketing lists, you acknowledge that the information you provide will be transferred to MailerLite for processing in accordance with their Privacy Policy and Terms of Service. We do not sell our email lists, and we use this information only for the purposes as stated in our privacy policy. If you wish to access or update your personal data then you may click on the links in the footer of our email newsletters. If you wish to have all your personal data deleted from all our mailing lists, please email to privacy@davidtiong.com.

We use Webflow forms and Help Scout forms for our contact and support forms. When you submit a form your IP is recorded along with the information you provide, which is stored in the corresponding database and transmitted to David Tiong. The form submissions are deleted from our databases at set intervals, however the information may still be recorded on our email servers, and the third party services we use, for the purposes of managing our customer support and our business services. Please visit https://webflow.com/legal/privacy and https://www.helpscout.com/company/legal/privacy/ to view the privacy policies.

4. How we use your information

a) Overview

We use the information we collect to operate and maintain our website and our services, send you marketing communications, and provide support. Client records including personal data are used to provide services and information that you request, to respond to comments and questions, and to provide support and service to our clients.

Legacy service only - If you use our domain name registration and renewal services, the personal information we collect from you when you register, transfer or renew a domain name is made available to a publicly accessible database known as WHOIS database. The reasoning behind this is that the personal details of registrants should be freely available to all other users of the internet. This is something that is adopted by the industry as a whole, and means we are not able to control how others may use this personal data from the publicly accessible database.

Legacy service only - If you use our web hosting and website maintenance services, then as David Tiong is a hosting reseller we operate as a data processor, and you are the data controller. As such we provide a Data Processing Agreement that explains the expectations for our role as a data processor, our hosting companies as data sub-processors, and you our client as the data controller. If you are using our website hosting services and would like a copy of this agreement, please email to privacy@davidtiong.com.

Visitor data is used to enhance our website by understanding how and what visitors are looking for, as well as helping us to monitor our traffic for performance, security and usability. Visitor comments may be checked through an automated spam detection service.

b) Cookies

We use automatically collected information through cookies and similar technologies to personalise our service, provide customised content, for authentication, to monitor the effectiveness of marketing activities and analyse site usage metrics. Users and visitors can control the use of cookies at individual browser level or by using our cookie settings options (see below). If you choose to reject cookies you may still use our site, however some features may be limited or not work as intended. You can obtain more information about cookies by visiting http://www.allaboutcookies.org/.

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you have a user account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser. When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select "Remember Me", your login will persist for two weeks. If you log out of your account, the login cookies will be removed. If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

If you are member of our website membership program, then when logged in, we also use cookies to track some of your activity on our site including logins, visits, and page views.

We use Google Analytics and Clicky Analytics to measure and analyse the traffic on the Public Area of our website, not the restricted area, and this visitor data is anonymised. Although there is currently no agreed standard for Do Not Track (DNT), if we detect that you have enabled DNT in your browser, then we disable the tracking of Google Analytics and Clicky Analytics. For more information about DNT, visit https://www.eff.org/issues/do-not-track.

If you wish to opt-out of all Google Analytics tracking you may choose to use the Google Analytics opt-out browser addon, for more information visit https://support.google.com/analytics/answer/181881. If you wish to opt-out of all Clicky Analytics tracking you may choose to use the tracking opt out at https://clicky.com/optout. Google and Clicky Analytics operate independently from us and have their own privacy policies, which we suggest you review, as they may use information collected. For more information see https://policies.google.com/privacy and https://clicky.com/terms/.

We take measures to protect the technical information collected by our use of these tracking services, and the data is not used to identify visitors or users.

5. How we share your information

a) Personally identifiable information

Any personally identifiable information you make public on our sites through membership public profile pages or posting comments on our blog will be available to others. If you remove information that you have made public, copies may remain viewable in cached and archived pages of our website, backups, or if other users have copied or saved that information.

We work with partner and third party providers who provide services to us including customer support, processing transactions, copywriting, graphic design, development, domain management, hosting, CRM, project, team and task management and SEO. We may store personal information in locations outside the direct control of David Tiong (for instance on servers or databases with our hosting suppliers, cloud storage, project, team and task management software and CRM software). These third parties may have access to, or process client records including personal data, as part of providing those services to us. We limit the information provided to those services to that which is reasonably necessary for them to perform their functions and to deliver the intended service, and take reasonable steps to ensure that organisations are bound by confidentiality and privacy obligations in relation to the protection of your personally identifiable information.

We will disclose client records and personal data if required to comply with the law, to enforce our terms of service, or to protect the rights, property or personal safety of David Tiong, our users or others.

b) Non personally identifiable information

We may provide certain automatically collected, non personally identifiable information to third parties for various purposes including compliance with reporting obligations and for business and marketing purposes. We take reasonable measures to maintain secure transfer and storage of information however electronic communications and databases are subject to errors, tampering and unauthorised access.

c) Behavioural targeting / re-targeting

We may partner with third parties to display advertising on our website and manage our advertisting on other websites. These third parties may use technologies such as cookies for collection of information about your activities on our website and other websites in order to customise advertising based on your browsing activity and interests. The only way to completely "opt out" of the collection of information through these tracking technologies is to actively manage the settings of your browser or mobile device. Please refer to your browser's settings on how to delete and disable cookies and other tracking technologies.

To learn more about tracking technologies please visit http://www.allaboutcookies.org/. There are also other tools available to you to use in your browser that extends your control over the tracking that occurs when you visit websites. You may wish to read more about some of these tools at https://duckduckgo.com/about, https://www.ghostery.com/ and https://www.eff.org/privacybadger.

d) Testimonials

We display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent we may also post your name alongside your testimonial. If you wish to delete your testimonial please contact us at privacy@davidtiong.com

6. Storage and Processing

Your information collected through our services may be stored and processed in Australia, Singapore, the United States, Europe or any other country in which David Tiong or its service providers maintain facilities. We may transfer information that we collect about you, including personal data, to third parties across borders and from your country to other countries around the world, for the purposes as explained above in (3) Information we collect, (4) How we use your information, and (5) How we share your information.

7. How we protect your information

David Tiong is concerned with protecting your privacy and data, however we cannot ensure or warrant the security of any information you transmit to David Tiong, or guarantee that your information stored on David Tiong's website and third party services may not be accessed, disclosed, altered or destroyed by breach of any of our industry safeguards. We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it. When you enter sensitive information on our forms we use secure socket technology (SSL), however no method of electronic transmission or electronic storage is 100% secure. When we store your information on third party services we use password protection and two factor authentication where available, to further protect access to your information. If you have any questions about our security please contact us at privacy@davidtiong.com.

8. Personal Data Access, Correction, Deletion and Opt out

We respect your privacy rights and will provide you with reasonable access to the personal data that you have provided through our services. For current clients and users of David Tiong's website membership, you can review, correct, update or delete inaccuracies to the information by logging into your account. If you wish to access or amend any other personal data that we hold about you, you may contact us at privacy@davidtiong.com.

Please note that any changes you make, or that we make, will be reflected in active user databases, website and third party services within a reasonable period of time, however we may retain all information you have provided us for backups, archiving, prevention of fraud and abuse, analytics, legal obligations, or for other reasons where we reasonably believe we have a legitimate reason to do so.

You may choose to opt out of sharing personal data with us, in which case we may not be able to provide you some of the features and functionality of our services.

9. Links

Our website may have links to other websites. We are not responsible for the privacy practices employed by websites or services that we link to from our website or our services, including the information and content contained therein. When you click on these links you are moving to another website and service, and our privacy policy and terms and conditions do not apply to third party services and websites. Please review their policies for how they collect, manage and use your browsing and interactions, and your personal data.

10. Changes

David Tiong may make changes to this privacy policy at any time by updating this page at https://help.tiongcreative.com.au/. All changes are effective when they are posted on this page. If you have any questions about this privacy policy, the practices of this website, or our services, please contact us at privacy@davidtiong.com.

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