Legal Document
Privacy Policy
Entity: Floor35 (ABN registered sole trader, Victoria, Australia)
Effective Date: 6 April 2026
Governing Legislation: Privacy Act 1988 (Cth); Spam Act 2003 (Cth); Australian Privacy Principles (APPs)
Important Notice. This Privacy Policy ("Policy") is issued by Floor35, a sole trader business registered and operating in Victoria, Australia ("Floor35", "we", "us", "our"). This Policy governs the collection, use, disclosure, storage, and management of personal information by Floor35 in connection with its SMS reactivation services and associated digital presence. By submitting personal information to Floor35 via any form, communication channel, or point of contact, you acknowledge that you have read, understood, and consent to the practices described in this Policy.
1. Definitions and Interpretation

In this Policy, the following definitions apply unless the context otherwise requires:

  • "Australian Privacy Principles" or "APPs" means the principles set out in Schedule 1 of the Privacy Act 1988 (Cth), as amended from time to time.
  • "Personal Information" has the meaning given in the Privacy Act 1988 (Cth), being information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether or not the information or opinion is true, and whether or not it is recorded in a material form.
  • "Services" means the SMS reactivation campaigns, business consulting, and any related services provided by Floor35.
  • "Website" means the Floor35 website accessible at floor35.com.au and any associated subdomains.
  • "You" or "your" means the individual or business entity whose Personal Information is collected by Floor35.
2. Scope and Application

This Policy applies to all Personal Information collected by Floor35 in the course of its business operations, including information collected via the Website, telephone, email, and any other means of communication. Floor35 is committed to handling Personal Information in accordance with the Privacy Act 1988 (Cth) and the APPs.

This Policy applies to individuals who enquire about or engage Floor35's Services, visitors to the Website, and any other individuals whose Personal Information is provided to Floor35 in the course of its operations.

3. Collection of Personal Information
3.1 Information We Collect

Floor35 collects Personal Information that is reasonably necessary for, or directly related to, one or more of its functions or activities. The categories of Personal Information we may collect include:

  • Full name of the individual contact
  • Business or trading name
  • Mobile telephone number
  • Email address
  • Suburb and state of operation
  • Website usage data and analytics (non-identifying where possible)
3.2 How We Collect Information

Floor35 collects Personal Information directly from you whenever reasonably practicable. Collection may occur through the following means:

  • Submission of enquiry or registration forms on the Website
  • Telephone, SMS, or email correspondence
  • In-person communications in the course of service delivery
  • Automatic collection of usage data via cookies and analytics tools when you visit the Website
3.3 Consequences of Non-Collection

Where Floor35 is unable to collect Personal Information that is necessary to provide its Services, it may not be possible to deliver those Services or respond to your enquiry. Floor35 will inform you of this at the time of collection where practicable.

4. Purpose of Collection and Use
4.1 Primary Purposes

Floor35 collects, holds, and uses Personal Information for the following primary purposes:

  • To respond to enquiries and confirm participation in a Floor35 SMS reactivation campaign
  • To deliver the Services, including the planning, execution, and reporting of SMS campaigns
  • To communicate with you regarding your engagement with Floor35
  • To fulfil Floor35's legal and contractual obligations
4.2 Secondary Purposes

Floor35 may also use your Personal Information for the following secondary purposes, which are related to the primary purpose and which you would reasonably expect:

  • To improve the quality and delivery of the Services
  • To comply with applicable laws, regulations, and regulatory requests
  • To protect the legal rights and interests of Floor35

Floor35 will not use your Personal Information for any purpose unrelated to the primary or secondary purposes above without your express prior consent, except as required or authorised by law.

5. Electronic Communications and the Spam Act 2003
5.1 Consent to Receive Electronic Messages

By submitting your mobile telephone number or email address to Floor35, you expressly consent to receiving commercial electronic messages from Floor35, including SMS and email communications, in connection with the Services and your enquiry. This consent is given in accordance with the requirements of the Spam Act 2003 (Cth).

5.2 Sender Identification

All commercial electronic messages sent by Floor35 will clearly identify Floor35 as the sender and include accurate contact information, in compliance with section 17 of the Spam Act 2003 (Cth).

5.3 Unsubscribe Mechanism

Every commercial electronic message dispatched by Floor35 will contain a clear, functional, and accessible unsubscribe facility. You may withdraw consent to receive further commercial electronic messages at any time by:

  • Replying STOP to any SMS received from Floor35; or
  • Contacting Floor35 directly at [email protected] with a written request to be removed from all communications.

Floor35 will honour all valid unsubscribe requests within five (5) business days of receipt, in accordance with the Spam Act 2003 (Cth).

5.4 Business-to-Business Communications

Floor35's Services are directed exclusively at businesses and business operators. Where Floor35 engages in commercial electronic messaging, it does so on the basis that such communications are directed at individuals in their capacity as business operators and fall within permissible categories under the Spam Act 2003 (Cth).

6. Disclosure of Personal Information
6.1 General

Floor35 does not sell, rent, lease, or otherwise trade your Personal Information to third parties for commercial gain.

6.2 Service Providers

Floor35 may disclose Personal Information to third-party service providers engaged to assist in the delivery of the Services, including CRM platform providers, SMS gateway and telecommunications providers, and website hosting and analytics providers. All such providers are required to handle Personal Information consistently with the APPs.

6.3 Legally Required Disclosures

Floor35 may disclose Personal Information where required or authorised to do so by Australian law, including in response to a valid request from a law enforcement agency, regulatory authority, or court of competent jurisdiction.

6.4 Business Transfers

In the event that Floor35 undergoes a restructure, sale, or similar transaction, Personal Information held by Floor35 may be transferred to a successor entity, subject to that entity assuming the obligations of this Policy.

7. Cross-Border Disclosure

Some of Floor35's third-party service providers may be located outside Australia and may store or process Personal Information on servers located overseas. Where Floor35 discloses Personal Information to an overseas recipient, it will take reasonable steps to ensure that the overseas recipient handles that information consistently with the APPs, in accordance with APP 8.

8. Data Security and Integrity

Floor35 takes reasonable steps to protect the Personal Information it holds from misuse, interference, loss, and from unauthorised access, modification, or disclosure, in accordance with APP 11. These steps include storage within secure, encrypted CRM systems, restriction of access to authorised personnel only, and use of reputable third-party service providers.

Floor35 will notify affected individuals of any eligible data breach in accordance with the Notifiable Data Breaches scheme under Part IIIC of the Privacy Act 1988 (Cth).

9. Data Retention

Floor35 will retain Personal Information only for as long as is reasonably necessary to fulfil the purposes for which it was collected, or as required by applicable law, whichever is the longer period. Upon expiry of the applicable retention period, Floor35 will take reasonable steps to destroy or de-identify Personal Information in a secure manner, in accordance with APP 11.2.

10. Access, Correction and Complaints
10.1 Right of Access

Subject to the exceptions in APP 12, you have the right to request access to the Personal Information Floor35 holds about you. Requests should be made in writing to the contact details in clause 14. Floor35 will respond within thirty (30) days of receipt.

10.2 Right of Correction

If you believe that Personal Information held by Floor35 is inaccurate, incomplete, out of date, irrelevant, or misleading, you may request correction of that information in accordance with APP 13.

10.3 Privacy Complaints

If you believe that Floor35 has breached the APPs or this Policy, you may lodge a written complaint with Floor35 using the contact details in clause 14. Floor35 will acknowledge receipt within five (5) business days and endeavour to resolve the complaint within thirty (30) days. If you are not satisfied with Floor35's response, you may refer the matter to the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au.

11. Cookies and Tracking Technologies

The Website may utilise cookies and similar tracking technologies to collect non-personally identifying information about how visitors interact with the Website. You may configure your browser to refuse cookies; however, this may affect the functionality of certain features of the Website. Floor35 does not use tracking technologies to collect Personal Information without your consent.

12. Third-Party Links

The Website may contain hyperlinks to third-party websites not operated or controlled by Floor35. Floor35 is not responsible for the privacy practices or content of such websites and encourages you to review their privacy policies before providing Personal Information.

13. Amendments to this Policy

Floor35 reserves the right to amend, update, or replace this Policy at any time at its sole discretion. Any revised Policy will be posted on the Website with an updated effective date. Your continued use of the Website or the Services following the posting of a revised Policy constitutes your acceptance of the amended terms.

14. Contact and Privacy Enquiries

All privacy enquiries, access requests, correction requests, and complaints should be directed to Floor35 in writing at the following contact details.

Business Name: Floor35
State of Operation: Victoria, Australia
Regulatory Authority: Office of the Australian Information Commissioner (OAIC) —