1. What is Personal Information?
“Personal information" has the meaning given to that term in the Act. Generally, “personal information” includes any information that can be used to personally identify you.
Any personal information you post in a publicly accessible forum on our Site will generally be available to be accessed by any person, and by posting that information you consent to that occurring.
2. What Personal Information do we collect?
The personal information we collect and hold is what is reasonably necessary for our business functions and activities. In the course of your using our Site, we may collect such personal information as your:
(a) name, date of birth, address, email address, age, sex, contact details and occupation;
(b) preferences and personal interests (e.g. whether you may be interest in particular products or services); and
(c) financial information and credit payment details.
We may also collect the following information for marketing purposes and to improve the functionality of our Site:
(a) your server address;
(b) your domain name;
(c) the date and time of your visit to our Site;
(d) the pages you have viewed and information you have downloaded;
(e) previous sites you have visited; and
(f) the type of browser you use.
For some of our Services, you might have the option of not identifying yourself or of using a pseudonym when dealing with us. However, this may not be practical or appropriate (e.g. when you create an account with us) or where the law or a court order provides otherwise.
We may conduct surveys or market research and may seek other information from you on a periodic basis. These surveys will provide us with information that allows improvement in the types and quality of services offered to you, and the manner in which those services are offered to you. Participation in such activities is optional. We generally will only collect Personal Information about you if you voluntarily submit it to us by:
(a) providing your information by form, telephone or facsimile;
(b) subscribing to our database;
(c) creating an account with us;
(d) sending us an email;
(e) sending us information via the ‘Contact Us’ page on our Website; and/or
(f) sending us Personal Information when using any part of our Website.
If you send us personal information that we have not requested (or we determine that the personal information you have provided is not reasonably necessary or directly related to any of our business functions or activities) we may de-identify or delete this information without notifying you to protect your privacy.
3. How do we Collect and Hold your Personal Information?
Most of the personal information we collect and hold about you is from your direct dealings with us. We may collect and record your personal information when you:
(a) subscribe to our newsletter or to request to receive information and updates from us;
(b) register for an account with us;
(c) update or add information to your account;
(d) use our Services;
(e) give us information on a web form;
(f) post any information on our Site;
(g) join community discussion boards; or
(h) when you otherwise contact us.
We may hold your personal information in either electronic or hard copy form.
If you provide information to us electronically we retain this information in our computer systems and databases. This includes computer software programs, internet servers, and hosted internet solutions provided by third parties.
If you provide information to us in hard copy (paper) this information is normally retained in our files and a copy is made to our electronic files.
We may also collect personal information about you by accessing data from other sources and then analysing that data together with the information we already hold about you in order to learn more about your preferences and interests.
When you visit our Site or mobile applications or click on our advertisements on the online media of other companies, we may collect information about you using technology which is not apparent to you (e.g. “cookies”).
4. Why do we Use your Personal Information?
We use your personal information to:
(a) provide services to you (e.g. directory services, advertisements etc.);
(b) improve our Services;
(c) give you a personalised experience on our Site;
(d) verify your identity and account status;
(e) provide customer service;
(f) provide you with personalised advertising and marketing;
(g) detect, prevent and investigate fraud or other illegal activities; and
(h) contact you.
We keep personal information from active accounts as long as it is needed for our operations.
We may collect, hold, use and disclose your personal information for other purposes which are within reasonable expectations or where permitted by law.
5. Use of Personal Information for Marketing
From time to time, we may send emails containing marketing materials or promotions of our Services to you. By your use of our Site, you consent to us doing so.
When marketing to you, your personal information is only ever used or disclosed for our own purposes.
You may unsubscribe from these marketing materials at any time by clicking on the unsubscribe option or by sending an email to us. We will remove you from the mailing list as soon as practicable.
6. To Whom do We Disclose your Personal Information?
We may disclose your personal information to:
(a) our related entities;
(b) our professional advisers;
(c) third parties to assist us:
(i) in providing our Services; and
(d) to other users of our Services where the personal information you provide is for that purpose (e.g. you provide contact details in an advertisement) or is posted by you on our Site in a way that is accessible to those users.
When we disclose your personal information to a third party (other than under clause 6(d) above), we will require that they handle your personal information in accordance this policy.
We may disclose your information to law enforcement and other parties in connection with the law, including:
(a) law enforcement or governmental agencies, or authorised third-parties, in response to a verified request regarding a criminal investigation, alleged or suspected illegal activity, or any other activity that may expose us, you or any of our users to legal risk;
(b) third parties commencing, or involved in, a legal proceeding if they provide us with a subpoena, court order or similar legal document; or
7. Disclosure to Overseas Recipients
Some personal information held by us may be disclosed to overseas recipients. For example, our Site can be accessed via the internet both inside and outside of Australia.
We may also store your information in the Cloud or other types of networked or electronic storage. As electronic or networked storage can be accessed from various countries via an internet connection, it’s not always practicable to know in which country your information may be held.
We will take reasonable steps to ensure that the overseas recipients of your personal information do not breach the privacy obligations relating to your personal information.
8. How do we Secure your Personal Information
We will take reasonable steps to secure and protect your personal information from:
(a) misuse, interference and loss; and
(b) unauthorised access, modification or disclosure,
through technical and administrative measures (e.g. firewalls and data encryption, physical access controls to data centres and information access authorisation controls). However, we will not be responsible for events arising from any unauthorised use or access to your personal information.
We will review and update our security measures in light of current technologies. Unfortunately, we cannot guarantee that data transmission over mobile data and communication services is totally secure.
9. Accuracy of your Personal Information
We will take reasonable steps to ensure that the personal information we collect, use or disclose is accurate, complete and up-to-date. However, the accuracy of the information held by us largely depends on the accuracy of the information that you supplied to us.
If at any time you discover that any personal information concerning you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us to correct the information.
When you visit our Site or use any of our Services, our Site may send one or more cookies to your computer that uniquely identifies your browser. “Cookies” are small files placed on the hard drive of your computer.
(a) enable your device to move from page to page without having to log in repeatedly. This generally improves your browsing experience; and
(b) better inform how the content your device visits may be presented to you; and
(c) help ensure account security.
Most cookies are “session cookies”, meaning that they are automatically deleted from your hard drive once you end your session (log out or close your browser).
You can control the extent to which your device allows cookies to be set on it. For example, you can decline or disable cookies if your browser permits. However, if you decline or disable cookies, you may not be able to use some or all of our Services and you may be required to re-enter your password more frequently during a session.
We may engage third parties to analyse the information collected by cookies or perform statistics about usage of our Site. These third parties are subject to confidentiality agreements with us. We do not permit any of these third parties to collect personal information using cookies or web beacons on our Site.
11. Third Party Sites
From time to time we may provide links to third party websites (“Linked Sites”). These Linked Sites are not under our control and we do not accept responsibility or liability for the conduct or content of the Linked Sites or their businesses and the information available on the Linked Sites or your provision of information to them.
12. Access to your Personal Information and Complaints
In most cases, you have the right to access the personal information that we hold about you. If you wish to have access to your personal information, or have a complaint about a breach of this Policy, you may contact our Privacy Officer at [email protected] .
Before we provide you with access to your personal information we may require some proof of identity. We may ask you to put your complaint in writing and to provide details about it. We will deal with all requests for access to personal information as quickly as possible. Requests for a large amount of information, or information that is not currently in use, may require further time before a response can be given.
We may discuss your complaint with our personnel and our service providers and others as appropriate.
(a) investigate the complaint and attempt to resolve it in a timely manner; and
(b) inform you in writing about the outcome of our investigation.
We may charge you a fee to recover our reasonable costs incurred by us in order to retrieve your information, but in no case will we charge you a fee for your application for access. In some cases, we will refuse to give you access to personal information we hold about you. This includes, but is not limited to, circumstances where giving you access would be unlawful; have an unreasonable impact on other people’s privacy; prejudice an investigation of unlawful activity; reveal our intentions in relation to negotiations with you so as to prejudice those negotiations; prejudice enforcement related activities conducted by, or on behalf of, an enforcement body; reveal evaluative information generated within the Build in Common organisation in connection with a commercially sensitive decision-making process.
We will also refuse access where the personal information relates to existing or anticipated legal proceedings, and the information would not be accessible by the process of discovery in those proceedings. Further, we will refuse access where your request is frivolous or vexatious, and where we reasonably believe that: giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety; unlawful activity, or misconduct of a serious nature, is being or may be engaged in against Build in Common and giving access would be likely to prejudice the taking of appropriate action in relation to that matter.
If we refuse to give you access we will provide you with reasons for our refusal, unless doing so would be unreasonable in the circumstances. We will also take reasonable steps to give you access in a way that meets your needs without giving rise to the reasons of our refusal.
If your complaint is not resolved to your satisfaction (and no other complaint resolution procedures are agreed or required by law) you may refer your complaint to the Privacy Commissioner for further investigation. For more information about making a complaint to the Privacy Commissioner, please see: https://www.oaic.gov.au/individuals/how-do-i-make-a-privacy-complaint
For more information about privacy, please visit the Office of the Australian Information Commissioner website at: https://www.oaic.gov.au/