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This Privacy Policy governs the collection, use, storage, and disclosure of personal information by ZO Agency (ABN pending registration), a digital marketing and creative agency operating in Australia ("ZO Agency", "we", "us", or "our"). This Policy applies to all individuals who visit our website, enquire about our services, or engage us commercially ("you").
We are committed to compliance with the Australian Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) contained in Schedule 1 of that Act, as well as applicable international privacy frameworks including the EU General Data Protection Regulation (GDPR) where relevant to individuals in the European Economic Area, and the UK GDPR for individuals in the United Kingdom.
We collect personal information that is reasonably necessary for our business functions. This includes:
Information you provide directly: Name and surname; business name and ABN/ACN; email address; phone number; postal and billing address; project briefs, creative assets, or campaign materials you share; payment and invoicing information (processed via third-party payment processors); and communications including emails, enquiry forms, and meeting notes.
Information collected automatically: IP address and approximate geolocation; browser type and version; device identifiers; pages visited, time spent, and referral source; cookies and similar tracking technologies (see Section 7).
Information from third parties: Social media profile data where you engage with us through platforms such as Meta, LinkedIn, X (Twitter), or Discord; advertising platform data shared by integrated tools (e.g. Google Analytics, Meta Business Suite); and publicly available business information.
We do not knowingly collect sensitive information (as defined under the Privacy Act) including health, financial account, racial or ethnic origin, political opinion, or biometric data, unless you expressly provide it and consent to its use.
We use personal information only for purposes that are directly related to our services or otherwise permitted under the APPs and applicable law. These purposes include:
Responding to enquiries and providing quotations; entering into and performing service agreements; delivering performance marketing, creative strategy, and digital growth services; processing payments and managing accounts; sending project updates, reports, and communications relevant to your engagement; improving our website and service offerings; complying with legal obligations including tax, accounting, and regulatory requirements; and detecting and preventing fraud or misuse of our services.
We may also use de-identified and aggregated data for internal analytics and marketing purposes, which cannot be used to identify you personally.
We will not use your personal information for direct marketing without your consent, and you may opt out of any marketing communications at any time by contacting us or using the unsubscribe mechanism in any email.
We do not sell, rent, or trade your personal information to third parties. We may disclose your information to:
Service providers and subcontractors: Third parties who assist us in delivering services, including cloud hosting providers, email platforms, project management tools, payment processors, and analytics platforms. All such parties are required to handle information securely and in accordance with applicable privacy laws.
Advertising platforms: Where relevant to campaign delivery, we may share data (including hashed identifiers) with platforms such as Meta, Google, TikTok, LinkedIn, and similar, strictly to the extent required for campaign execution.
Professional advisors: Lawyers, accountants, auditors, and insurers, subject to professional confidentiality obligations.
Regulatory and law enforcement bodies: Where required or authorised by Australian law, including the Office of the Australian Information Commissioner (OAIC), the Australian Taxation Office, or a court or tribunal.
Business transfers: In the event of a merger, acquisition, or sale of assets, personal information may be transferred as part of that transaction, subject to equivalent privacy protections.
Before disclosing personal information to overseas recipients, we take reasonable steps to ensure the recipient handles the information consistently with the APPs (APP 8). Some of our service providers may be located outside Australia including in the United States, European Union, or United Kingdom.
We implement reasonable technical and organisational measures to protect personal information from misuse, interference, loss, unauthorised access, modification, or disclosure. These measures include encrypted data transmission (TLS/SSL), access controls and authentication, secure cloud infrastructure, and regular security reviews.
While we take data security seriously, no method of electronic storage or transmission is completely secure. In the event of a data breach that is likely to result in serious harm, we will notify affected individuals and the OAIC in accordance with the Notifiable Data Breaches (NDB) scheme under Part IIIC of the Privacy Act.
We retain personal information for as long as necessary to fulfil the purposes for which it was collected, or as required by law. For client records, this is generally a minimum of seven (7) years following the end of the commercial relationship in accordance with Australian tax and corporate law requirements. When information is no longer required, we take reasonable steps to destroy or de-identify it securely.
Under the Australian Privacy Act and applicable international laws, you have the following rights:
Access: You may request access to the personal information we hold about you (APP 12). We will respond within 30 days. We may charge a reasonable fee to cover retrieval costs in some circumstances.
Correction: You may request that we correct personal information that is inaccurate, out of date, incomplete, irrelevant, or misleading (APP 13).
Complaint: You may lodge a complaint with us, and if not resolved, with the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au or 1300 363 992.
GDPR rights (EEA/UK individuals): If you are located in the EEA or UK, you also have rights to erasure, restriction of processing, data portability, and the right to object to processing based on legitimate interests. You may also lodge a complaint with your local data protection authority.
To exercise any of these rights, contact us at [email protected].
Our website uses cookies and similar technologies to enhance your experience, analyse traffic, and support marketing activities. These include strictly necessary cookies (required for site function), analytics cookies (e.g. Google Analytics 4), and advertising/retargeting cookies (e.g. Meta Pixel, Google Ads). You may control cookie preferences through your browser settings. Disabling certain cookies may affect site functionality.
Our services are not directed to individuals under 18 years of age. We do not knowingly collect personal information from minors. If you believe we have inadvertently collected such information, please contact us immediately and we will take steps to delete it.
We may update this Privacy Policy from time to time to reflect changes in our practices or legal obligations. The current version will always be available on our website. We encourage you to review this Policy periodically. Continued use of our website or services following any changes constitutes acceptance of the updated Policy.
For all privacy enquiries, access requests, or complaints, please contact our Privacy Officer at:
ZO Agency
Email: [email protected]
We aim to respond to all enquiries within 5 business days.
ZO Agency collects information you provide directly to us when you fill out contact forms, request our services, or communicate with us. This may include your name, email address, company name, and project details.
We use the information we collect to respond to your enquiries, deliver requested services, send relevant project updates, improve our website, and comply with legal obligations.
We do not sell, trade, or otherwise transfer your personal information to third parties. We may share data with trusted partners who assist us in operating our business, provided those parties agree to keep information confidential.
You have the right to access, correct, or delete your personal data at any time. Contact us at [email protected].
These Terms of Service ("Terms") constitute a legally binding agreement between ZO Agency (ABN pending registration) ("ZO Agency", "we", "us", or "our") and the individual or entity engaging our services or accessing our website ("Client", "you"). By accessing our website, submitting an enquiry, signing a Statement of Work, or otherwise engaging our services, you agree to be bound by these Terms.
These Terms are governed by the laws of New South Wales, Australia, and comply with the Australian Consumer Law (ACL) contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth), the Privacy Act 1988 (Cth), and relevant international standards including the GDPR where applicable.
ZO Agency provides performance marketing, creative strategy, content production, digital growth, and related consulting services ("Services"). The specific scope, deliverables, timelines, and pricing for any engagement will be set out in a separately executed Statement of Work ("SOW") or Service Agreement, which forms part of these Terms upon signing.
We reserve the right to engage qualified subcontractors to assist in delivery of the Services. We remain responsible for the quality and confidentiality of any work performed by approved subcontractors.
An engagement commences upon: (a) execution of a Statement of Work or Service Agreement by both parties; or (b) payment of a deposit invoice; whichever occurs first. Prior to formal engagement, any proposals, quotes, or presentations remain our confidential intellectual property and do not constitute an offer capable of acceptance.
Deposit: Unless otherwise agreed in writing, a non-refundable deposit of fifty percent (50%) of the total project fee is due prior to commencement of any work. Work will not begin until the deposit is received and cleared.
Final payment: The remaining balance is due upon project completion or delivery of final files, or as specified in the SOW. For retainer or ongoing arrangements, fees are due as per the schedule set out in the SOW (typically monthly in advance).
Late payment: Invoices unpaid after the due date may attract interest at the rate of 10% per annum, compounding monthly. We reserve the right to suspend services for accounts overdue by more than 14 days.
GST: All fees are exclusive of Goods and Services Tax (GST). Where applicable, GST will be added to invoices in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Currency: All fees are quoted and payable in Australian Dollars (AUD) unless otherwise agreed in writing.
Expenses: Any out-of-pocket expenses (e.g. advertising spend, stock assets, software subscriptions) incurred on your behalf will be invoiced at cost plus a reasonable handling fee, unless pre-agreed as included.
To enable us to deliver the Services effectively, you agree to: provide accurate, complete, and timely information, assets, approvals, and feedback as reasonably requested; ensure all materials provided to us are owned by you or that you have the right to use them; comply with all applicable laws in connection with your business and the Services; and not engage us to produce any content that is misleading, deceptive, defamatory, discriminatory, or otherwise unlawful under Australian or applicable international law.
Client materials: You retain all intellectual property rights in materials you provide to us. You grant us a limited, non-exclusive licence to use such materials solely for the purpose of delivering the Services.
Deliverables: Upon receipt of full and final payment, all intellectual property rights in final creative deliverables produced by us specifically for you will vest in you, except as otherwise agreed in writing.
Our pre-existing IP: We retain all rights in our methodologies, processes, tools, templates, and any pre-existing intellectual property. Nothing in these Terms transfers ownership of our pre-existing IP to you.
Portfolio rights: We reserve the right to display and reference completed work in our portfolio, case studies, and promotional materials, unless you expressly request otherwise in writing prior to project commencement.
Third-party IP: Where deliverables incorporate third-party materials (e.g. stock images, music, fonts, or software), licences for such materials are your responsibility unless expressly included in the SOW.
Each party agrees to keep confidential all non-public information received from the other party in connection with the Services ("Confidential Information"), and not to disclose it to any third party without prior written consent, except as required by law or to professional advisors bound by confidentiality obligations. This obligation survives termination of the engagement for a period of three (3) years.
Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the ACL that cannot lawfully be excluded or limited. Where the ACL applies, our liability for a failure to comply with a consumer guarantee is limited (to the extent permitted by law) to re-supplying the relevant services or paying the cost of having them re-supplied.
To the maximum extent permitted by law, our total aggregate liability to you arising out of or in connection with the Services or these Terms (whether in contract, tort, statute, or otherwise) is limited to the total fees paid by you to us in the three (3) calendar months immediately preceding the event giving rise to the claim.
We are not liable for any indirect, incidental, special, consequential, punitive, or exemplary loss or damage including loss of revenue, profit, data, goodwill, or opportunity, even if we have been advised of the possibility of such loss.
We are not liable for delays or failures in performance resulting from causes outside our reasonable control including but not limited to platform outages, third-party algorithm changes, internet disruptions, acts of God, or government action ("Force Majeure").
By either party: Either party may terminate an ongoing engagement by providing 30 days' written notice, unless a different notice period is specified in the SOW.
For cause: Either party may terminate immediately by written notice if the other party materially breaches these Terms and fails to remedy the breach within 10 business days of written notice, or becomes insolvent, enters administration, or ceases to carry on business.
Consequences of termination: On termination, you remain liable for all fees for Services rendered up to the termination date. The deposit is non-refundable. Any work completed prior to termination remains subject to these Terms, including IP provisions upon full payment.
We are committed to resolving disputes amicably. In the event of a dispute, you agree to first contact us at [email protected] and allow us 20 business days to attempt resolution in good faith. If the dispute is not resolved within that period, either party may refer the matter to mediation through the Australian Dispute Resolution Centre or a mutually agreed mediator before commencing legal proceedings (except where urgent injunctive relief is required).
We comply with the Spam Act 2003 (Cth) and do not engage in unsolicited commercial electronic messaging. All marketing communications sent by us include a functional unsubscribe mechanism. We also comply with applicable anti-spam laws in other jurisdictions where our clients or their audiences are located, including the CAN-SPAM Act (USA) and CASL (Canada).
We are committed to ethical business practices. We will not produce or facilitate content that is discriminatory, vilifying, harassing, or unlawful on the basis of race, gender, sexual orientation, disability, religion, national origin, or any other protected characteristic under the Racial Discrimination Act 1975, Sex Discrimination Act 1984, Disability Discrimination Act 1992, Age Discrimination Act 2004 (all Cth), or equivalent state and international legislation. We reserve the right to refuse services that conflict with these principles.
These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia. For international clients, we acknowledge applicable consumer protection laws in your jurisdiction may also apply.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions continue in full force and effect. A waiver of any breach does not constitute a waiver of any subsequent breach.
These Terms, together with any applicable SOW or Service Agreement, constitute the entire agreement between the parties in relation to the Services and supersede all prior representations, negotiations, and agreements. Any variation must be agreed in writing and signed by both parties.
For all legal enquiries, notices, or correspondence, please contact:
ZO Agency
Email: [email protected]
We aim to respond to all formal enquiries within 5 business days.
By accessing our website or engaging ZO Agency for services, you agree to be bound by these Terms of Service.
ZO Agency provides performance marketing, creative strategy, and digital growth services. Scope, deliverables, and timelines will be outlined in a signed Statement of Work.
Standard terms require a 50% deposit before project commencement. Remaining balances are due on completion or per the agreed payment schedule.
Upon receipt of full payment, clients receive ownership of final creative deliverables. ZO Agency retains portfolio display rights unless otherwise agreed in writing.
ZO Agency's liability is limited to the amount paid in the preceding three months. We are not liable for indirect, incidental, or consequential damages.