Effective from 25 January 2015
1. Purpose of our Policy
(d) We collect Personal Information that is provided directly to us by the end users (Users) of our services (Services) and from the use of our site at www.BuyTheBusiness.com.au (Site). Please see section 3 below for more detail about how we collect personal Information.
(g) If, at any time, Users provide Personal Information or other information about someone other than the User, that User warrants that it has the person’s consent to provide or disclose such information.
(h) The Services are not available to minors (persons under the age of 18 years).
2. The Information We Collect
(a) In the course of providing the Services, it is necessary for us to collect Personal Information. We will always let Users know when Personal Information is being collected. The Personal Information that we collect allows us to identify who Users are for the purposes of our business, contact Users in the ordinary course of business and, if relevant, transact with Users. Without limitation, the type of information we may collect about Users is:
(i) Identity Information
We may collect personal details including but not limited to a User’s name, location, date of birth, nationality, details of licenses & registrations, associations, family details, passwords, employment details and third-party usernames and other information that allows us to identify who Users are.
(ii) Contact Information
We may collect information including but not limited to a User’s email address, telephone & fax number, third-party username, residential, business and postal address and other information that allows us to contact a particular User.
(iii) Statistical Information
We may collect information about a User’s online and offline preferences including but not limited to his or her habits, movements, trends, decisions, associations, memberships, finances, purchases and other information for statistical purposes.
(iv) Information Users Send Us
We may collect any personal information or correspondence that Users send us, or that is sent to us by other Users about any other User’s activities.
(c) We may also collect non-personal information about Users such as information regarding Users’ mobile devices, computer, network and browser. This may include a User’s IP address. Where non-personal information is collected the National Privacy Principles do not apply.
(d) We do not generally collect health, medical and other sensitive information about individuals unless we collect it from them directly or we are required or authorised by law to do so.
3. How User Information Is Collected
(a) Most information will be collected in association with User use of the Services or User dealings with us. However we may also receive Personal Information about Users from sources such as other Users, advertising, public records, mailing lists, contractors, staff, recruitment agencies and our business associates. In particular, Personal Information may be collected as follows:
(i) Registrations / Subscriptions
When a User registers or subscribes for a service, list, account, membership, connection or other process whereby that User enters his or her details in order to enjoy the Services, or to receive or access something, including a transaction.
When a User contacts us in any way.
When a User accesses the Services, we may require the User to provide details to permit access. When Users access the Services through the Internet we may collect information using cookies or analytical services.
(iv) Our Site
We collect data when Users visit parts of our Site. Your visit may automatically provide us with data about your computer, such as your IP (Internet Protocol) address, browser type, operating system, domain name, access times, and referring web site addresses. Some parts of our Site may use embedded pixel or other technologies to track and facilitate your use of the Site, including the activities in which you participate or the pages you view. We use this automated data to obtain general statistics regarding the use of our Site and its specific sections and to evaluate how our visitors use and navigate our Site on an aggregate basis.
(b) There are many circumstances in which we may collect Personal Information about Users, both electronically and physically. We will endeavour to ensure that Users are always aware when their Personal Information is being collected.
(c) If Users use any commenting, reviewing or analogous functionality in the Services, any information that those Users post that can identify them can be read by other Users. We will not be responsible for the Personal Information that Users submit in this respect.
4. When Personal Is Information Used and Disclosed
(a) The primary principle is that we will not use the Personal Information that Users provide us with for purposes other than those for which it was collected, unless we have the relevant User’s permission. The purpose of collection is determined by the circumstances in which the Personal Information was collected and/or submitted.
(c) Users’ Personal Information is used to enable us to operate our business. This may include:
(i) the provision of goods and services between us and Users;
(ii) verifying a User’s identity;
(iii) communicating with Users about:
(A) their relationship with us;
(B) our goods and services;
(C) marketing and promotions; and
(D) competitions, surveys and questionnaires;
(iv) investigating any complaints about or made by Users, or if we have reason to suspect that a User is in breach of any of our terms and conditions or that a User is otherwise engaged in any unlawful activity; and/or
(v) as required or permitted by any law (including the Privacy Act).
(d) It is necessary, and by using the Services, Users consent, for us to disclose their Personal Information to third parties in a manner compliant with the National Privacy Principles in the course of our business, which includes disclosure of Personal Information:
(i) with service providers that perform certain functions on our behalf, including processing information that you provide to us on our Site, operating our Site or portions of it, or in connection with other aspects of our business;
(ii) with visitors to our Site, to the extent that Users submit information to a portion of a site designed for public communications;
(iii) with our related bodies corporate;
(iv) as part of a sale (or proposed sale) of all or part of our business;
(v) during investigations into User conduct insofar as it relates to the relationship we have with a User, or a possible contravention of any relevant laws or regulations;
(vi) where we reasonably believe that Users may be engaged in fraudulent, deceptive or unlawful activity that a governmental authority should be made aware of; and
(vii) as required or permitted by any law (including the Privacy Act).
(e) We will not sell the Personal Information of Users to unrelated third parties under any circumstances.
5. Opting “In” or “Out”
(a) Users may opt to not have us collect Personal Information. This may prevent us from offering Users some or all of the Services and may terminate the User’s access to some or all of the Services accessed with or through us. Users will be aware of this when:
(i) Opt In
Where relevant, Users will have the right to choose to have information collected and/or receive information from us.
(ii) Opt Out
Where relevant, Users will have the right, at no cost, either upfront or at any time after they have provided Personal Information, to choose to exclude themselves from some or all collection of information and/or receiving information from us. Users can do so by sending us a written request either by email to email@example.com, including the word “Unsubscribe” in the subject line, or by writing to:
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(b) If a User believes that he or she should have received information from us that he or she did not opt in or out to receive, that User should contact us as set out in section 11.
6. The Safety and Security of User Personal Information
(a) We and our employees, contractors and other authorised representatives will take all reasonable precautions to protect Personal Information from unauthorised access. This includes appropriately securing our physical facilities and electronic networks.
(c) By using any part of the Services, Users acknowledge that the security of online transactions and the security of communications sent by electronic means or by post cannot be guaranteed. Users provide information, including Personal Information, to us via the Services at their own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, Personal Information where the security of information is not within our control.
(e) If Users suspect any misuse or loss of, or unauthorised access to, their Personal Information, Users are obligated to let us know immediately.
(f) We are not liable for any loss, damage or claim arising out of another person’s use of a User’s Personal Information.
(g) Where Personal Information we hold is no longer necessary, we delete the information or permanently de-identify it.
7. Links to Other Websites
8. How to Access and/or Update Information
(a) Users have the right to request from us the Personal Information that we have about them, and we have an obligation to provide Users with such information within 28 days of receiving a User’s written request. Users may review and update Personal Information provided to us by contacting us at: firstname.lastname@example.org, or by writing to:
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(b) Users bear the responsibility of providing us with accurate and truthful Personal Information. We cannot be liable for any information that Users provide us with that is incorrect.
(c) We may charge Users a reasonable fee for our costs incurred in meeting any requests to disclose Personal Information that we hold about Users.
9. Transfer of Personal Information Outside Australia
By providing us with personal information or using our Site, the User consents to the transfer of Personal Information outside Australia. We take all reasonable steps to ensure that the Personal Information that has been transferred will not be held, used or disclosed by the recipient of the information inconsistently with the National Privacy Principles.
10. Complaints and Disputes
(a) If a User has a complaint about our handling of his or her Personal Information, the User should address his or her complaint in writing to the details below.
(b) If we have a dispute with a User regarding his or her Personal Information, the User must make a good faith attempt to resolve the issue directly with us.
(c) If we become aware of any unauthorised access to a User’s Personal Information, we will inform the Users affected at the earliest practical opportunity once we have established what was accessed and how it was accessed.
11. Contacting Us
(a) Users should address all correspondence with regards to privacy and Personal Information to the “Privacy Officer”.
(b) Users must contact the Privacy Officer by email in the first instance. The email address for the Privacy Officer is: email@example.com.
(c) The Privacy Officer mail address is:
Attn: Privacy Officer
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09 9390 2687 – Monday to Friday, business hours.
12. Additions to this Policy
13. Contacting the Australian Information Commissioner for further information on privacy laws
If Users would like further information about privacy laws in Australia, please contact http://www.oaic.gov.au/about/contact.html.