Terms & Conditions and Privacy Policy

1. About The Golden Frame

The Golden Frame (ABN: 24 695 374 835) (“we”, “us”, “our”) is an Australian business that provides personalised augmented reality (AR) photo frames. By using our website or services, or by uploading content to our platform, you agree to these Terms and Conditions and Privacy Policy in full.

If you do not agree with any part of these terms, you must not use our services.

2. Collection of Personal Information

We collect personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). When you place an order we collect:

• Your first and last name
• Your email address
• The photo and video you upload
• Technical data generated during upload (file size, format, upload timestamp)

We collect this information to process and fulfil your order, communicate with you about order status, and improve our services. Collection is authorised by your explicit consent given at the time of upload.

Photos you upload may constitute sensitive information under the Privacy Act where they reveal or could reveal biometric data about identifiable individuals. We handle such information with additional care and will not use or disclose it beyond what is necessary to fulfil your order.

3. How We Use Your Information

Your personal information is used solely to:

• Process your order and create your personalised AR frame
• Send you order confirmation, status updates, and dispatch notifications
• Respond to enquiries or support requests you initiate
• Meet our legal and regulatory obligations

We will not use your information for direct marketing, profiling, or any purpose beyond fulfilling your order without your separate and explicit consent.

4. Disclosure to Third Parties

We may share your personal information with trusted third-party service providers who assist us in operating our business, including:

• Cloud storage and computing providers (to host and process your uploaded files)
• Payment processors (to handle transactions securely)
• Shipping and fulfilment providers (to deliver your order)

These providers are contractually obliged to handle your data securely and only for the purpose of providing services to us. We do not sell, rent, or trade your personal information to any third party. We may disclose information if required to do so by law or by a court, tribunal, or regulatory authority.

Some of our service providers may be located outside Australia. Where we transfer personal information overseas, we take reasonable steps to ensure the recipient handles it in a manner consistent with the Australian Privacy Principles.

5. Storage and Security

Your uploaded files and personal information are stored on encrypted cloud servers. We take reasonable technical and organisational steps to protect your personal information from misuse, interference, and loss, and from unauthorised access, modification, or disclosure.

No method of transmission over the internet or electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee absolute security.

In the event of an eligible data breach as defined under the Privacy Act 1988, we will notify affected individuals and the Office of the Australian Information Commissioner (OAIC) in accordance with the Notifiable Data Breaches scheme.

6. Your Consent - Upload and Storage

Before submitting your order, you are asked to provide two separate consents:

1. Consent to upload: You consent to The Golden Frame collecting, receiving, and processing your uploaded photo and video for the sole purpose of creating your personalised AR photo frame.
2. Consent to store: You give permission for The Golden Frame to retain your uploaded photo and video on secure cloud storage until you request their deletion. Your files will be retained as long as required to support your order, handle any warranty or support claims, and comply with our legal obligations.

You may withdraw either consent at any time by contacting us (see Section 11). Withdrawing consent after your order has been fulfilled will not affect the lawfulness of processing carried out prior to withdrawal.

7. Data Retention and Deletion

We retain your personal information and uploaded files for as long as is necessary to fulfil your order, resolve any disputes, and comply with our legal obligations. After this period, data is securely deleted or de-identified.

You may request deletion of your uploaded files and personal information at any time by emailing us (see Section 11). We will action deletion requests within 30 days, except where retention is required by law (for example, financial records under taxation law).

8. Your Privacy Rights

Under the Privacy Act 1988 (Cth) and the Australian Privacy Principles, you have the right to:

• Access the personal information we hold about you (APP 12)
• Correct any personal information that is inaccurate, out of date, incomplete, irrelevant, or misleading (APP 13)
• Make a complaint about how we handle your personal information

To exercise any of these rights, please contact us (see Section 11). We will respond within 30 days. If you are not satisfied with our response to a privacy complaint, you may escalate the complaint to the OAIC at oaic.gov.au or by calling 1300 363 992.

9. Content Ownership and Intellectual Property

By uploading content to our platform, you warrant and represent that:

• You own or hold all necessary rights, licences, and permissions to use, upload, and authorise us to process the photo and video
• The content does not infringe any third-party intellectual property rights, privacy rights, or any other rights
• You have obtained the express consent of any identifiable individuals whose likeness appears in the photo or video before uploading it
• The content does not contain material that is defamatory, obscene, unlawful, or otherwise objectionable

You retain full ownership of your uploaded content. You grant us a limited, non-exclusive, royalty-free licence to use your content solely for the purpose of creating and delivering your order. This licence ends once your data deletion request is actioned.

The Golden Frame name, logo, website design, and all associated intellectual property remain our exclusive property. Nothing in these terms transfers any intellectual property rights in our brand or platform to you.

10. Australian Consumer Law

Our services come with guarantees under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) that cannot be excluded. These include guarantees that our services will be provided with due care and skill, be fit for the purpose we indicate, and be delivered within a reasonable time.

Nothing in these terms excludes, restricts, or modifies any right or remedy you have under Australian consumer law. If our service fails to comply with a consumer guarantee, you may be entitled to a repair, replacement, or refund, and in some cases compensation for other foreseeable loss or damage.

To the extent permitted by law, and subject to any non-excludable statutory rights, our liability for any claim arising under these terms is limited to the amount paid for the relevant service or, at our option, re-supply of the service.

11. Limitation of Liability

To the fullest extent permitted by law, The Golden Frame excludes all liability for any indirect, incidental, special, or consequential loss or damage arising from your use of our services, including but not limited to loss of data, loss of profits, or loss of business opportunity, even if we have been advised of the possibility of such loss.

We are not responsible for any loss arising from your failure to comply with these terms, including uploading content you do not have the rights to use.

12. Governing Law

These terms are governed by and construed in accordance with the laws of Australia and the state or territory in which The Golden Frame operates. Any dispute arising in connection with these terms will be subject to the non-exclusive jurisdiction of the courts of Australia.

13. Changes to These Terms

We may update these Terms and Conditions and Privacy Policy from time to time to reflect changes in law, our services, or our business practices. We will notify you of material changes by email (to the address you provided at the time of purchase) or by posting a notice on our website. The date of the most recent update is shown at the top of this page.

Continued use of our services after changes take effect constitutes your acceptance of the updated terms. If you do not agree with the updated terms, you must stop using our services.

14. Cookies and Website Data

Our website may use cookies and similar technologies to improve your browsing experience and understand how visitors use our site. Cookies do not identify you personally. You can configure your browser to refuse cookies, but some parts of our website may not function correctly without them.

15. Contact Us and Privacy Complaints