Privacy Policy & Terms of Service

1. Purpose of This Privacy Policy

We are committed to protecting the privacy of personal information we collect and ensuring its secure handling in compliance with the Australian Privacy Principles (APPs) under the Privacy Act 1988. This Privacy Policy outlines how we manage personal information, including collection, use, disclosure, and security.

2. Scope

This Privacy Policy applies to all personal information collected by us during our interactions with customers, clients, and website users. This includes electronic and paper-based environments in compliance with APPs, which are technology-neutral.

3. Collection of Personal Information

We collect personal information:

Directly from you when you engage our services, contact us, or use our website.
From third parties, where applicable, such as through cookies or analytics tools, in compliance with APP 3 (Collection of Solicited Personal Information).
This includes the use of:

• Google Analytics, which collects information about how you use our website (e.g., pages visited, time spent on site, referring websites). This information helps us understand website performance and user preferences.

• Meta Pixel (formerly Facebook Pixel), which allows us to measure the effectiveness of our Facebook and Instagram advertising by understanding the actions people take on our website.

These tools may collect information such as your IP address, device type, browser type, and interactions with our website. Data collected through these tools is anonymised where possible and used in aggregate form for statistical and analytical purposes.

By using our website, you consent to the use of cookies and similar technologies as outlined. You may opt out of Google Analytics tracking via the Google Analytics Opt-out Browser Add-on and control Meta Pixel tracking through your Facebook ad preferences.

The types of personal information we may collect include:

Name, address, contact details (email, phone).
Demographic information such as age and gender.
Payment and transaction details.
Information collected via cookies (informed consent provided).
We only collect sensitive information (e.g., health data, racial or ethnic origin) with explicit consent or as required by law.

4. Use and Disclosure of Personal Information

We use your information for purposes including:

Providing our services and improving user and product experience.
Marketing communications, with the ability to opt-out in compliance with APP 7.
Analytics and research to improve offerings.
We will not disclose personal information without your consent, except where required by law or outlined in APP 6 (Use or Disclosure of Personal Information). Cross-border disclosures will only occur where appropriate safeguards are in place, as per APP 8.

5. Storage and Security

Your information is securely stored using industry-standard measures to prevent unauthorised access, disclosure, or loss (APP 11). Security measures include:

Encrypted databases.
Access controls for staff.
Regular audits of information handling practices.
Data is destroyed or de-identified once it is no longer needed, except in cases where it is part of a Commonwealth record.

6. Access to and Correction of Personal Information

You can access and request corrections to your personal information under APP 12 and APP 13. Requests can be made by contacting our Privacy Officer, and we will respond within a reasonable timeframe.

7. Anonymity and Pseudonymity

Where possible, we offer individuals the option of remaining anonymous or using a pseudonym when dealing with us, as outlined in APP 2.

8. Complaints and Inquiries

If you believe we have breached the APPs, you can contact our Privacy Officer. Complaints will be reviewed and resolved in accordance with our complaints process. If unsatisfied, you may contact the Office of the Australian Information Commissioner (OAIC).

9. Updates to This Policy

This Privacy Policy is subject to regular updates to reflect changes in legislation or our practices. Changes will be posted on our website.

10. Contact Us

For privacy-related inquiries or complaints, contact us at:

Email: [email protected]

Disclaimer

General Disclaimer

The content and services provided by HC_Paint are offered on an "as-is" basis. While we make every effort to ensure accurate information about our miniature painting commissions, we cannot guarantee that all details (e.g., descriptions, images, colours, design interpretation, or turnaround times) are completely error-free or up to date. Please see the Product Disclaimer below. This does not limit your rights under Australian Consumer Law (ACL).

Consumer Guarantees

Under Australian Consumer Law (ACL), our services come with guarantees that cannot be excluded. South Australian customers are entitled to remedies for major failures, including refunds or rework, in addition to compensation for any other reasonably foreseeable loss or damage. These rights apply in addition to our service terms but do not extend beyond what is required under the ACL.

Product Disclaimer

All painted miniatures are custom, hand-finished works of art. As such, slight variations in colour, texture, or finish may occur and are considered a natural part of the creative process. While we aim for a high level of quality and consistency, these differences do not constitute defects unless they significantly impact usability or deviate substantially from the agreed brief. Due to the customised nature of our work, we do not offer 'change of mind' refunds or exchanges. However, remedies for significant faults are available under the ACL.

Artistic Interpretation Disclaimer

Each commission is completed to the best of our ability, based on client specifications, style references, and communicated preferences. Please note that artistic interpretation may result in minor stylistic differences. Clients acknowledge this as part of the creative process when engaging HC_Paint.

Health and Safety Disclaimer

Miniatures are intended for display or tabletop gaming use. They may include small parts and painted surfaces that are not suitable for young children. Clients should ensure appropriate use and storage, particularly if the miniatures are intended for environments with children or pets.

Liability Disclaimer

HC_Paint is not liable for any direct, indirect, or incidental damages arising from the use of our website, painted products, or services—except where such liability cannot be excluded under Australian Consumer Law.

Terms of Use

1. Acceptance of Terms

By accessing or using HC_Paint, you agree to comply with these terms and conditions. If you do not agree, please do not use this website.

2. Compliance with Australian Consumer Law

These Terms of Use are governed by Australian Consumer Law. Customers are entitled to consumer guarantees, including remedies for significant service failures.

3. Permitted Use

This website is intended for personal, non-commercial use only. Unauthorised use, including copying, modifying, or redistributing content, is strictly prohibited.

4. Product and Service Information

Each painted miniature is custom-made to order. As with all handcrafted goods, minor variations may occur. We aim to communicate clearly about what to expect in terms of colour palette, detail level, and finishes. Any significant variations from a confirmed brief will be discussed with the client.

5. Refunds and Remakes

Due to the custom nature of our service, we do not offer refunds for change of mind. If your commission arrives significantly different from what was agreed, or has been damaged in transit, please contact us. We assess requests for refunds, repairs, or reworks in accordance with the Australian Consumer Law (ACL) based on the agreed scope, item condition, and the degree of variation from expectations.

6. Turnaround Time

Estimated timeframes are provided at the start of each commission. While we do our best to meet deadlines, delays may occur due to material availability, project complexity, or unforeseen events. Clients will be notified as early as possible of any delays.

7. Pricing and GST

All prices are listed in Australian Dollars (AUD). We do not currently charge GST unless otherwise stated.

8. Privacy Policy

Your use of this website is subject to our [Privacy Policy], which outlines how we collect, store, and protect your personal information in accordance with the Australian Privacy Act 1988.

9. Shipping and Delivery

We ship Australia-wide. Delivery times are estimates and may vary due to postal conditions outside of our control. Tracking details are provided where applicable. We are not responsible for postal delays but will assist with any issues where possible.

10. Jurisdiction Clause

These Terms are governed by the laws of South Australia, Australia. Any disputes arising from your use of the site or our services will be handled under South Australian law.

11. Changes to Terms

We reserve the right to update these terms at any time. Continued use of the website indicates your acceptance of any future changes.