Terms and Conditions
1. Terms & Conditions
Welcome to Quotimation. Our Website is owned and, along with our services and Software, is operated and provided by Quotimation (Aust) Pty Ltd (“Quotimation”) (ACN 246 939 582) (“our”, “us” or “we”) and is made available on the following terms and conditions.
Please read these terms and conditions carefully. We reserve the right to review and change any of these terms and conditions by updating our Website, our services and these terms and conditions at our sole discretion. When we update these terms and conditions, we will use reasonable endeavours to provide notice of updates to you. Any changes to these terms and conditions take immediate effect from the date of their publication by us, and you accept the changed terms and conditions by your subsequent use of the Website and/or our services and/or the Software. Before you continue, we recommend you keep a copy of these terms and conditions for your records.
2. Our service
Quotimation is a powerful and easy to use and adaptable Bodyshop Quoting and Management System (the “Software”). By clicking ‘I ACCEPT‘ or proceeding to:
- log in and/or subscribe to the Software (whether for your own use and/or for the use of persons invited by you through your subscription), and/or
- purchase goods and services from us,
you and any entity or firm you are authorised to represent, as well as any other person you invite to use the Software as part of your subscription, agree to enter into these terms and conditions which, together with the terms and conditions on our Website and any other documents incorporated by reference into this agreement, constitute:
- a legally binding contract;
- in the instance that you are subscribing to the Software, a licence,
between you and Quotimation (“the Contract”). This Contract is not transferable and is non-exclusive.
You are responsible to ensure that anyone you invite to use your subscription must comply with this Contract.
You agree not to use, nor permit any third party to use, the Software or content in a manner that violates any applicable law, regulation or this Contract. You also agree you will not:
- provide access to or give any part of the Software to any unauthorised third party;
- reproduce, modify, copy, deconstruct, sell, trade or resell the Software;
- make the Software available in any form on any file-sharing or application hosting service
3. Fees and Payment
Fees will be calculated in accordance with the Quotimation Pricing Schedule (as made available by Quotimation from time to time on the Website) (“Pricing Schedule”).
Unless stated otherwise, Fees are charged in Australian dollars and are expressed exclusive of GST (which applies in addition where so required by the GST law).
Fees will be due and payable to Quotimation by you in accordance with the Pricing Schedule, which will, unless stated otherwise, be upon subscription or purchase (as the case may be). Fees are as set out on the Website and the Pricing Schedule and Quotimation reserves the right to negotiate Fees on a case by case basis.
Fees for subscriptions may in some instances be automatically renewed and charged on a monthly or annual basis (as applicable) until you elect to cancel your subscription or it is terminated in accordance with this Contract. We may offer you a free trial but if you continue to use our Software after the trial you will then become liable for and must pay the Fees in accordance with this Contract.
Your subscription continues for the period covered by the Fees paid or payable. At the end of each billing period, these terms automatically continue for a further period of the same duration as the previous one, provided you continue to pay the Fees in accordance with the relevant pricing.
Your subscription will automatically expire in an event of default in payment i.e. credit card expiry or your plan type.
4. What the Fee includes
Fees are as set out on the Website and the Pricing Schedule and Quotimation reserves the right to negotiate Fees on a case by case basis..
Quotimation endeavours to provide highly functioning Software and to provide all necessary assistance to ensure that you can successfully use the Software at all times. However, Quotimation cannot guarantee that the Software will work under all conditions or on all devices. The Software relies on technical factors such as high speed internet access and a performant browser. Without limiting applicable consumer protection laws which cannot be excluded, Quotimation is not responsible for any failures of the Software due to issues such as your computer hardware or software, human or system usage error, internet or electricity outages, or the inability of a party to access or maintain access to high speed internet.
In the event of a failure of technology due to the Software itself, Quotimation’s liability will be limited to the resupply of the Software to you. In the event of a failure of technology which causes a delay in the delivery of the service due to no fault of Quotimation, Quotimation will use its best endeavours to provide the service as soon as possible at a mutually convenient time.
To cancel or change your subscription, please contact us. Once you cancel your subscription, Quotimation will cease to automatically renew the subscription from the end of the term in which the subscription was cancelled. You will still need to pay all relevant Fees up to and including the day of cancellation.
5. Professional Advice
Quotimation is not a professional services firm of any sort, and is not in the business of giving any kind of professional advice. We may provide you with information we think might be useful in running a business, or you may seek assistance from our help-desk, but this should not be seen as a substitute for professional advice and we are not liable for your use of the information in that way.
6. Your data and use of our website and Quotimation managed cloud services
Quotimation Software is a flexible product that may be hosted in Quotimation managed cloud services or on your managed devices. If Quotimation Software resides on your managed devices then all data management and all hosting responsibility resides entirely with you.
If Quotimation Software resides in Quotimation managed cloud services then the following applies.
Your data is stored in data centres typically operated by NEXTDC which comply with recognised international and national security standards.
Data is protected by user authentication, data encryption, network protection and security monitoring mechanisms.
Data is hosted in Australia or in your home country unless you consent to an alternative location.
To the extent that your data comprises personal information, we recognise our legal obligations under applicable privacy and data protection laws, specifically the requirement to ensure that such information remains secure, free from misuse, interference and loss, and free from unauthorised access, modification or disclosure.
- we cannot guarantee that any data transmission is totally secure. Whilst we take precautions to protect information, we do not warrant and cannot ensure the security of any information you transmit to us. You, therefore, transmit information to us at your own risk. However, once we receive data, we will take reasonable steps to preserve its security. If you become aware of any problems with the security of your data, please contact us immediately;
- we cannot guarantee that our Website and Software are free from viruses, malware, fault, human error or other conditions which could damage, use or interfere with your data or computer systems. You must take your own precautions to ensure that your systems are not infected with any such code and assume the risk of any damage or loss as a result of using our Website and Software.
You promise that you will keep your information (including a current email address) up to date. You are responsible for providing true, accurate and complete information and for verifying the accuracy of any information that you use from our services for your legal, tax and compliance obligations. You are also responsible for protecting your username and password from getting stolen or misused.
You must ensure that your use of our Website, our services, the Software and your data is at all times compliant with all applicable local, state, federal and international laws and regulations (“Laws”). You represent and warrant that:
- you have obtained all necessary rights, releases, privacy consents and permissions to provide data to us and grant the rights to us in these terms and conditions; and
- your data and its transfer to and use by us, as authorised by you under these terms and conditions, does not and will not violate any Laws (including without limitation those relating to export control and electronic communications) or the rights of any third party, including without limitation any intellectual property rights, rights of privacy, or rights of publicity, and any use, collection and disclosure authorised is not inconsistent with the terms of any applicable privacy policies.
When you enter or upload your data into the Software, you are responsible for your content and we don’t own that data, but you grant us a licence to use, copy, transmit, store, analyse, and back up all data you submit to us through the Software, including personal data of yourself and others, to enable you to use our services, allow us to improve, develop and protect our services, create new services, communicate with you about your subscription and send you information we think may be of interest to you.
When you use our Software, we may create anonymised statistical data from your data and usage, including through aggregation. Once anonymised, we may use it for our own purposes, such as to provide and improve our services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you.
We may remove or delete your data from our Website or records without notice within a reasonable period of time after the termination of any services and you acknowledge and accept that we have no obligation to retain, or to return to you or any other person, any of your data or your materials after the conclusion or termination of the services.
7. Copyright and Intellectual Property
The Software, our Website, the content and all of the materials made available by us or in the course of providing services (“the Content”) are subject to copyright protection under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Content and compilation of the Software and our Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, website, platform, code, scripts, design elements and interactive features) are owned or controlled for these purposes and are reserved to and by us.
All trademarks, design, compilation, UI/UX, service marks and trade names are owned, registered and/or licensed by us. We grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are using our Website and the Software to:
- use our Website and the Software pursuant to these terms and conditions;
- copy and store the material contained in our Website in your device’s cache memory; and
- print pages from our Website and the Software for your own use.
We do not grant you any other rights whatsoever in relation to content on our Website, the Software or otherwise supplied to you. All other rights are expressly reserved by us and we retain all rights, title and interest in and to the Website, the Software and all related content.
You may not, without our prior written permission and the permission of any other relevant right’s owners, broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third-party content for any purpose, unless otherwise provided by these terms and conditions.
8. Third Party Products and Apps
Third-party products and apps used in the Software are subject to terms and conditions and privacy notices set by their providers. These include how the provider will use your data that you make available to them. Be sure to read and make sure you agree to their terms and conditions and understand their approach on personal and non-personal data before you connect to them. The descriptions of third-party products that we publish, and any associated links, have been provided to us by the providers. While we make reasonable efforts to check the accuracy of the descriptions, the providers are solely responsible for any representations contained in those descriptions. We don’t endorse or assume any responsibility for third-party products.
9. General Disclaimer
To the full extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in these terms and conditions are excluded; and
- we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the use of our Website, our services, the Software or our terms and conditions, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of our Website, our services and the Software is at your own risk. Everything we provide is on an “as is” and “as available” basis without warranty or condition of any kind. None of our affiliates, directors, officers, employees, agents, contributors and licensors make any express or implied representation or warranty about the content on our Website, the Software or any of our services.
We exclude loss or damage you might suffer including as a result of (but not limited to) any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on our Website or our services;
- your use of the Software or your content; and
- the content or operation in respect to links which are provided for your convenience.
These terms and conditions may be produced and relied upon as a complete defence to any claim made against us, our related bodies corporate or their affiliates, employees, agents, contributors and licensors.
Nothing in these terms and conditions limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
10. Limitation of Liability
Our role is limited only to providing the Software and our services.
Our total liability arising out of or in connection with the use of our Website, our services, the Software, the content or these terms and conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, is limited to the resupply of our goods and services to you or payment of the cost of having the goods and services supplied again, at our discretion.
You expressly understand and agree that Quotimation and its related bodies corporate, their affiliates, employees, agents, contributors and licensors shall not be liable to you or anyone else for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you or them, however caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss, arising from the use of the Software (including as a result of not being able to use the Software or services or the late supply of the Software or services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
You acknowledge and agree that:
- in accessing the Software, or acquiring our services, you have relied on your own skill and judgment in determining its and their sufficiency for the use and results which you intend to obtain;
- Quotimation has made no promise, representation or warranty in respect of the profitability, benefits, outcome or any other consequence in your use of the Software, or in respect of the suitability of the Software to your operations, business or needs;
- we have made no promise, representation or warranty in respect of the use of our services or the Software.
The rights and obligations of each of the parties under these terms and conditions will survive expiration or termination.
You agree to indemnify us and our affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of your breach or your invitee’s breach, of these terms and conditions or otherwise in connection with the content you provide to us or the provision of our services;
- any direct or indirect consequences of you accessing, using or transacting with us or via our Website or attempts to do so; and
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of any action or notice by a third party, including a regulator, regarding your use of our Website, the Software or our services.
Quotimation may at any time, suspend or terminate your subscription and your access to the Software if:
- you have breached any provision of this Contract or intend to breach any provision;
- Quotimation is required to do so by law;
- Quotimation is transitioning to no longer providing the Software, or a version of the Software, in the country in which you are resident or from which you use our services;
- your conduct, in the opinion of Quotimation, impacts Quotimation’s name or reputation or violates the rights of another party; or
- the provision of the Software to you by Quotimation is, in the opinion of Quotimation, no longer commercially viable.
The rights and obligations under these terms and conditions will survive expiration or termination of this Contract.
Quotimation has no liability or responsibility for the actions or inactions of third parties
13. Dispute Resolution
If a dispute arises out of or relates to the Contract, neither party may commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
- Notice: A party to this Contract claiming a dispute (“Contract Dispute”) has arisen under this Contract, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Contract Dispute.
Resolution: On receipt of that notice (“Notice”) by that other party,
you, your guests and users to the Contract (Parties) must:
- Within 14 days of the Notice endeavour in good faith to resolve the Contract Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 14 days after the date of the Notice, the Contract Dispute has not been resolved, you, your guests and users must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
- Fees: The parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The parties must each pay their own costs associated with the mediation;
- Location: The mediation will be held in Sydney, Australia.
- Confidential: All communications concerning negotiations made by you, your guests and users arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
- Termination of mediation: If 20 days have elapsed after the start of a mediation of the Contract Dispute and the Contract Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
14. Governing law
The terms and conditions are governed by the laws of NSW, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to these terms and conditions and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of NSW, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. These terms and conditions shall be binding to the benefit of the parties hereto and their successors and assigns.
If any part of these terms and conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the terms and conditions shall remain in force.
In the event of any inconsistency in any contractual document between a party and Quotimation, this Contract shall be interpreted such that the following prevail in order of priority:
- this Contract; and
- the Website.
These terms and conditions were last updated July 2020.
1. We respect your Privacy
Quotimation (Aust) Pty Ltd (ACN 246 939 582) (“Quotimation”, “we”, “us”, “our”) respects, and is committed to safeguarding, your privacy. We believe that information received by us that can be used to identify an individual user (“you”, “your”, “User”) should be taken very seriously. We are committed to the security and confidentiality of your personal information, and are transparent in how we manage it. Unless given consent to do otherwise, we will only collect and use personal information as set out below.
By using the Quotimation Website, our Software and our products and services and providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your account information and usage.
If you link to or use other websites, software or products and services, please review the privacy policies posted at those websites. This policy does not apply to, and we are not responsible for, any third party websites which may be accessible through links from our Website, our Software or our products and services.
2. Collection of Personal Information
“Personal information,” as used in this Policy, is personally identifiable information, such as your first and last name, mailing address, email address, billing information, IP addresses, demographics, passwords, telephone numbers and/or other online contact information. “Personal Information” can also include data that is usually non-personally identifiable (such as location data, data about personal attributes or online identifiers) but that, taken together with other collected data, identifies a natural person, either directly or indirectly.
We collect personal information, as well as non-personally identifiable information on our Website, our Software and when you use or purchase our products and services. We try only to collect personal information about you that we need for the operation of our Website, our Software and our products and services, and to market and promote our Website, our Software and our products and services. The kinds of personal information that we collect and hold about you may depend on the circumstances in which the information is collected. In the process of running our Website, our Software and providing our products and services, there is a range of personal information collected about our current and prospective subscribers and users, current and prospective clients, as well as contractors, employees and other service providers. This information can include name, email address, mailing and street address, phone number, age, profession, occupation, job title and more.
“Sensitive Information” includes information about a person’s racial or ethnic origin, religious beliefs or affiliations, political opinions, philosophical beliefs, health or genetic information, sexual preference or information about whether an individual is a member of a professional or trade association or union. Sensitive information might be collected by us during the course of surveys administered by Quotimation or its affiliated third parties, but only if volunteered by Users with their consent.
If your personal information is collected by us from a third party, we are under no obligation to inform you of the collection, but such information will be subject to this policy and will be accessible by you on request, subject to any limitations or exceptions in the law.
The length of time we keep your personal information depends on what it is and whether we have an ongoing business need to retain it (for example, to provide you with a service you’ve requested or to comply with applicable legal, tax or accounting requirements).
We’ll retain your personal information for as long as we have a relationship with you and for a period of time afterwards where we have an ongoing business need to retain it. Following that period, we’ll make sure it’s deleted or anonymised.
3. How we collect your personal information
We collect information you provide to us in optional, voluntary submissions, including but not limited to:
- registration forms, surveys, user profiles, your comments and public interactions, when you provide your name, email address or other information to us voluntarily;
- subscriptions, when you sign up to our newsletters, updates, alerts or news releases by providing your name and email address;
- feedback communications or customer service requests, where you may supply or we may ask for your name and contact details;
- software and mobile application downloads, where you may provide your name and contact details and other information for the purposes of signing up to the application and obtaining our Software and our products and services; and
- curriculum vitae submissions, where you provide your personal information to us.
We may monitor and record calls and other electronic communications that you make to us in certain circumstances. For example, calls to us may be monitored and recorded for training and customer service purposes.
We use social networking software and services such as Twitter, Facebook and LinkedIn to communicate with the public about us. When you communicate with us using these software and services we may collect your personal information. The social networking service will also handle your personal information for its own purposes. These websites have their own privacy policies.
We may also obtain your personal information from legitimate third party sources including social media, list brokers, referral agents and other data providers or organisations that share data in circumstances where it is lawful and/or you have given permission for them to do so.
We may use analytics tools and other third party technologies, to collect non-personally identifiable information in the form of various usage and user metrics when you use our Website, our Software and our products and services. These third party analytics companies may combine the information collected for us with other information they have independently collected across their network of websites, products, software and services. For example, we have implemented Google Analytics Advertising features to collect data about your traffic via Google advertising cookies and identifiers.
4. Security, Integrity and Storage
We take measures, including the implementation and maintenance of physical, electronic, and managerial procedures, in an effort to assure the security, integrity, and accuracy of all personal information that we collect. If we learn of a security systems breach, we may attempt to notify you electronically so that you can take appropriate protective steps.
We will destroy or de-identify your information if we no longer require the information to provide you with access to our Website, our Software or our products and services and if the information is not required to be saved under Australian law or other Commonwealth records.
We are committed to ensuring that the information you provide is secure. We use reasonable technical, administrative and physical measures to safeguard personal information. However, no personal information shared on the internet can be 100% guaranteed to be secure. Users are responsible for the access and security of their own computers.
5. How we use your personal information
We will only use your personal information where we are permitted to do so by applicable law. We collect and use personal information for purposes including to contact and communicate with you, to support your use of our Website, our Software and our products and services, for internal record keeping and feedback, marketing, and for our email newsletters and other activities associated with our business including enhancing and developing new products and services.
The main reason we collect personal information is to share news and stories that are relevant to you, to obtain opinions or comments about our products, services and our Software, to conduct other research and development and to enhance your experience of our Website, our Software and our products and services, including to develop new products, software and services and to personalise and display advertisements and other content for you.
We also use this personal information for statistical purposes – for example to analyse how many users are using our platforms and where they are mostly coming from etc – and to enable us to share more relevant advertising and partner content on our platforms.
We also use this personal information to personalise and display advertisements and other content for you, and we may drop a cookie on your browser linked to data that is known about you so that third party advertisers can show you more relevant ads. You are entitled to opt out of personalised marketing and advertising at any time.
In some instances, the non-personally identifiable information collected from our Website, our Software and services may be linked with information collected by a third party source, such as Google Analytics, to become personally identifiable. We will not link or merge non-personally identifiable information collected by us with personally-identifiable information collected by a third party organisation, such as Google Analytics, without your informed, express consent. Google may merge or link your information with the non-personally identifiable information collected from our Website, our Software and our products and services if you have expressly provided your consent for them to do that.
By using our Website, our Software and our products and services, you consent to the collection of data by our ad servers or third party affiliates, or the transfer of information to them, wherever necessary, for our performance optimisation and in order to tailor the content and advertising that appears on our Website, our Software and our products and services.
Unless you have provided us with express, informed consent to collect your personal information for targeted marketing and advertising purposes, the information that is collected is not personally identifiable, and is pseudonymous or aggregated data that does not identify any individual user.
Where required by law or where we believe it is necessary to protect our legal rights, interests and the interests of others, we may use information about you in connection with legal claims, compliance, regulatory, and audit functions, and disclosures in connection with the acquisition, merger or sale of a business.
European Union and European Economic Area
This section is relevant to users that are based in or that access the Website, our Software and our products and services from the European Union and the European Economic Area (“EU Users”). In accordance with the General Data Protection Regulations, we do not direct personalised advertising and marketing to users in the European Union. This includes tracking EU Users’ activity or targeting EU Users with advertising that uses personal information.
We will not track your activity or target you using your personal information without your express, informed consent. When requesting your consent, we will provide clear information about the ways that we use your personal information. Consent may include requesting that you opt in to particular activities or that you expressly provide your preferences in relation to particular activities.
6. When We Disclose Personal Information
We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, financiers, suppliers or subcontractors and other users as permitted by the functionality of our Website, our Software and our products and services insofar as reasonably necessary for the purposes set out in this policy.
In order to ensure that our various Website, our Software and our products and services work together optimally, as described above, we share information (including your information) between our multiple online networks.
We may provide personal information to our third party service providers for their use in performing internal business functions or collecting information on our behalf. Whenever possible, we require such third-parties to only collect and use personal information in accordance with this Policy.
We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. We may also use your personal information to protect our copyright, trademarks, legal rights, property or safety of us, our customers or third parties.
If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
7. Your Choices
Users have a general right to access, edit and manage the collection, processing and use of their personal information. You may request access to any personal information we hold about you by contacting us as per the details below. Whenever you are entitled to access such information, we will provide such information to you via email or post without charging you for such access. You may, at any time, update, correct, or delete certain personal information that you have provided to us by contacting us as per the details below. You are entitled to request that your personal information is dealt with by us either anonymously or under a pseudonym. If we are not able to remove your personal information for any reason, we will notify you of this with an accompanying explanation.
Users may opt out of any activity that involves collecting or processing their information for direct marketing purposes at any time by clicking the “unsubscribe” link in communications you receive from us.
8. When Your information Leaves Australia
Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia. We will only transfer personal information to a foreign country for the purpose of providing you with our Software and our products and services and for carrying out any request you make when you use and interact with our Website, our Software and our products and services (e.g., if we outsource data storage to a cloud service provider).
In the event that we are required to disclose your personal information to overseas third parties, we will take reasonable steps to ensure that such disclosures are subject to reasonable confidentiality terms, that the overseas third party is subject to a law or binding scheme that protects your information in a way that, overall, is at least substantially similar to the way in which the Australian Privacy Principles protect your information or that the overseas third party takes steps to prevent a breach of the Australian Privacy Principles in relation to your information.
9. Data breaches
Australian laws provide that an eligible data breach arises when the following three criteria are satisfied:
- there is unauthorised access to or unauthorised disclosure of personal information, or a loss of personal information, that we hold;
- this is likely to result in serious harm to one or more individuals; and
- we have not been able to prevent the likely risk of serious harm with remedial action.
11. How to contact us
If you want to send us notices or service of process, please contact us:
12. Complaints about privacy
If you have any complaints about our privacy practices, please feel free to send details of your complaint to the Office of the Australian Information Commissioner, GPO Box 5218 Sydney NSW 2001 Phone 1300 363 992 or oaic.gov.au.