Australian Properties and its Related Bodies Corporate (API).
- How and when API collects personal information;
- How API uses and discloses personal information;
- How API keeps personal information secure, accurate and up-to-date;
- How an individual can access and correct their personal information;
- How API will facilitate or resolve a privacy complaint.
If you have any concerns or complaints about the manner in which your personal information has been collected, used or disclosed by us, we have put in place an effective mechanism and procedure for you to contact us so that we can attempt to resolve the issue or complaint. Please see paragraph 10 for further details.
We can be e-mailed firstname.lastname@example.org contact us on 1300 886 705 or write to us at PO Box 551, Hamilton Central Qld 4007 and our privacy officer will then attempt to resolve the issue.
We recommend that you keep this information for future reference.
- What is personal information?
The Privacy Act 1988 (Cth) defines “personal information” to mean information or an opinion, whether true or not, and whether recorded in a material form or not, about an individual whose identity is reasonably identifiable, from the information or opinion.
- Sensitive Information
- What is sensitive information?
- Sensitive information is a subset of personal information. It means information or opinion about an individual’s racial or ethnic origin, political opinions, membership of a political organisation, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal record, health information about an individual, genetic information, biometric information that is to be used for the purpose of automated biometric verification or biometric identification or biometric templates.
- In general, we attempt to limit the collection of sensitive information we may collect from you, but depending on the uses you make of our products this may not always be possible and we may collect sensitive information from you in order to carry out the services provided to you. However, we do not collect sensitive information from you without your consent.
- The type of sensitive information we may collect from you or record about you is dependent on the services provided to you by API and will be limited to the purpose(s) for which it is collected. We do not use sensitive information to send you Direct Marketing Communications (as defined in paragraph 6 below) without your express consent.
- Consent to collection of certain types of sensitive information
- What is sensitive information?
We may collect certain types of sensitive information where you have consented and agree to the collection of such information.
- Collection of your personal information
- We only collect personal information that is necessary for what we do and we hold the personal information we collect within our own data storage devices or with a third party provider of data storage. The type of information we may collect from you includes depends ultimately upon the purpose of collection and we set out the general purposes of collection at paragraph 4 below.
- The type of information we may collect from you includes (but is not limited to) the following:
- your contact information such as full name (first and last), e-mail address, current postal address, delivery address (if different to postal address) and phone numbers;
- details of the property address to be enrolled in the service, contact information of the property’s occupants (such as full name, e-mail address, phone numbers), contact information of who manages the property;
- information concerning or relating to your purchases of goods or services over this website;
- financial and billing information (such as a credit card number /expiration date / security code, bank account details, billing address, repayment information and invoice details and purchasing history);
- proof of your identity (including, but not limited to, date of birth, driver’s licence, passport, birth certificate);
- your opinions, statements and endorsements collected personally or via surveys and questionnaires, including but not limited to your views on the products and services offered by API; and
- your participation in, or response to, our marketing and promotional activities, such as entering into a promotional contest
- When you engage in certain activities, such as entering a contest or promotion, filling out a survey or sending us feedback, we may ask you to provide certain information. It is completely optional for you to engage in these activities.
- Depending upon the reason for requiring the information, some of the information we ask you to provide may be identified as mandatory or voluntary. If you do not provide the mandatory data or any other information we require in order for us to provide our services to you, we may be unable to effectively provide our services to you.
- If you use our website, we may utilise "cookies" which enable us to monitor traffic patterns and to serve you more efficiently if you revisit our website. A cookie does not identify you personally but may identify your internet service provider or computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.
- We may gather your IP address as part of our business activities and to assist with any operational difficulties or support issues with our services. This information does not identify you personally.
- How we may use and disclose your personal information
- We will only use or disclose your personal information for the primary purposes for which it was collected or as consented to and/or as set out below.
- You consent to us using and disclosing your personal information to facilitate a purpose in connection with:
- if required, the verification of your identity;
- provision of our products and services to you, which shall include but is not limited to:
- the administration and management of our products and services, including charging, delivery, billing, credit card authorisation and verification, checks for financial standing, credit-worthiness (including but not limited to undertaking an assessment for credit loss and obtaining credit references, if applicable), fraud and collecting debts; and
- to offer you updates, or other content or products and services that may be of interest to you;
- to facilitate the administration and management of API, including but not limited to the use of your personal information collected in accordance with paragraph 3.1 in the administration and management of API;
- the improvement of our services (including to contact you about those improvements and asking you to participate in surveys about our products and services);
- the maintenance and development of our products and services, business systems and infrastructure;
- marketing and promotional activities by us and our related bodies (including by direct mail, telemarketing, email, SMS and MMS messages) such as our customer loyalty programs and newsletters;
- to provide customer service functions, including handling customer enquiries and complaints, to offer you updates, or other content or products and services that may be of interest to you
- our compliance with applicable laws;
- the sale, and matters in connection with a potential sale, of our business or company to a third party; and
- any other matters reasonably necessary to continue to provide our products and services to you.
- We may also use or disclose your personal information and in doing so we are not required to seek your additional consent:
- when it is disclosed or used for a purpose related to the primary purposes of collection detailed above and you would reasonably expect your personal information to be used or disclosed for such a purpose;
- if we reasonably believe that the use or disclosure is necessary to lessen or prevent a serious or imminent threat to an individual’s life, health or safety or to lessen or prevent a threat to public health or safety;
- if we have reason to suspect that unlawful activity has been, or is being, engaged in; or
- if it is required or authorised by law.
- In the event we propose to use or disclose such personal information other than for reasons in 4.1, 4.2,and 4.3 above, we will first seek your consent prior to such disclosure or use.
- The types of organisations to which we may disclose your personal information
- We may disclose your personal information to organisations outside of API. Examples of organisations and/or parties that your personal information may be provided to include:
- offshore service providers, if any;
- related entities and subsidiaries of API;
- our contractors and agents, including but not limited to our suppliers and distributors, or other companies who assist us in providing our services to you.
- We may disclose your personal information to organisations outside of API. Examples of organisations and/or parties that your personal information may be provided to include:
- Direct Marketing
- You expressly consent to us using your personal information, including any email address you give to us, to provide you with information and to tell you about our products, services or events or any other direct marketing activity (including third party products, services, and events) (Direct Marketing Communications) which we consider may be of interest to you.
- Without limitation clause 6.1, if it is within your reasonable expectations that we send you Direct Marketing Communications given the transaction or communication you have had with us, then we may also use your personal information for the purpose of sending you Direct Marketing Communications which we consider may be of interest to you.
- If at any time you do not wish to receive any further Direct Marketing Communications from us, you may ask us not to send you any further information about products and services and not to disclose your information to other organisations for that purpose. You may do this at any time by using the “unsubscribe” facility included in the email or by contacting us via the details set out at the top of this document.
- Cross Border Disclosure
- Any personal information provided to API may be transferred to, and stored at, a destination outside Australia, including but not limited to New Zealand where we may utilise overseas data and website hosting facilities or have entered into contractual arrangements with third party service providers to assist API with providing our services to you. Personal information may also be processed by staff or by other third parties operating outside Australia who work for us or for one of our suppliers, agents, partners or related companies.
- If you do not agree to the transfer of your personal information outside Australia, please contact us by via the details set out at the top of this document.
- Data quality and security
- We have taken steps to help ensure your personal information is safe. You will appreciate, however, that we cannot guarantee the security of all transmissions or personal information, especially where the Internet is involved.
- Notwithstanding the above, we will take reasonable steps to:-
- make sure that the personal information we collect, use or disclose is accurate, complete and up to date;
- protect your personal information from misuse, loss, unauthorised access, modification or disclosure both physically and through computer security methods; and
- destroy or permanently de-identify personal information if it is no longer needed for its purpose of collection.
- However, the accuracy of personal information depends largely on the information you provide to us, so we recommend that you:
- let us know if there are any errors in your personal information; and
- keep us up-to-date with changes to your personal information (such as your name or address).
- Access to and correction of your personal information
- You are entitled to have access to any personal information relating to you which we possess, except in some exceptional circumstances provided by law. You are also entitled to edit and correct such information if the information is inaccurate, out of date, incomplete, irrelevant or misleading.
- If you would like access to or correct any records of personal information we have about you, you are able to access and update that information (subject to the above) by contacting us via the details set out at the top of this document.
- Resolving Privacy Complaints
- We have put in place an effective mechanism and procedure to resolve privacy complaints. We will ensure that all complaints are dealt with in a reasonably appropriate timeframe so that any decision (if any decision is required to be made) is made expeditiously and in a manner that does not compromise the integrity or quality of any such decision.
- If you have any concerns or complaints about the manner in which we have collected, used or disclosed and stored your personal information, please contact us by:
- Telephone: 1300 886 705
- Post: PO Box 551, Hamilton Central Qld 4007
- Please mark your correspondence to the attention of the Privacy Officer.
- In order to resolve a complaint, we:
- will liaise with you to identify and define the nature and cause of the complaint;
- may request that you provide the details of the complaint in writing;
- will keep you informed of the likely time within which we will respond to your complaint; and
- will inform you of the legislative basis (if any) of our decision in resolving such complaint
- We will keep a record of the complaint and any action taken in a Register of Complaints.
Terms & Conditions
- Terms and Conditions
1.1 Website Visitor
(a)so far as the context allows, to you as a visitor to the API Website; and
(b)if you are a buyer or prospective buyer of our services.
1.2 Purchase of Services
If you are a buyer or prospective buyer of our services, you agree to be bound by:
(b)any terms and conditions which concern the supply of services from API, in addition to the Order Terms, which (if applicable) will be provided to you at such time you make an or when API supplies the services to you (e.g. on the reverse of your tax invoice or on your warranty documentation) (API Terms & Conditions); and
- Use of Website
2.1 Target Country
Although the API Website is accessible worldwide, the services offered on the website are designed and intended for use in Australia only (Target Country). The services offered on the website are not designed for other countries.
2.2 Use of Website
(a)The API Website may contain links to other websites (Linked Sites). The Linked Sites are not under the control of API and API is not responsible for the contents of any Linked Site, including without limitation any link contained within a Linked Site, or any changes or updates to a Linked Site.
(c)You may not use the API Website in any manner which could damage, disable, overburden, or impair the API Website or interfere with any other party's use and enjoyment of the API Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the API Website.
(d)All information, advice or other data on the API Website is provided as general information only and should not be relied upon.
(e)Without limitation to your rights under the Australian Consumer Law, you acknowledge that API provides this service and the API Website “AS IS” and that API is not making and has not made any warranty or representation as to the services suitability for any particular purpose other than the mandatory statutory warranties.
2.3 Security of Website
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst API strives to protect such information, API does not warrant and cannot ensure the security of any information (including personal information) which you transmit or disclose to us. Accordingly, any information which you transmit to us via the API Website is transmitted at your own risk.
2.4 API Account
If you are issued with a username or password by API you agree to take responsibility for the safekeeping of your username or password. You are liable for any actions or purchases resulting from any unauthorised use of your username or password (including any purchases made via the API Website). You agree to release and indemnify API in relation to any loss or liability arising out of the unauthorised use of your username or password.
- Order Terms
3.1 Order Agreement
(a) The entire order agreement between you and API for the purchase of services by you from the API Website is:
(1) the order including the services, and related details of the services, purchased via the API Website;
(3) the API Terms & Conditions; and
(b) The Order Agreement exists between you and API once API receives and accepts an order via the API Website. No obligation to sell or supply the services will arise until the order is received and accepted by API.
(c) Each order may be accepted by API in its absolute discretion.
(d) Each order creates a separate Order Agreement with API.
(e) By submitting your order:
(1) you agree to purchase the services specified in your order for the price specified in your order on these Order Terms and API’ Terms & Conditions; and
(2) you acknowledge that you have read, understood and agreed to all of the terms and conditions in the documents referred to in clause 3.1(a).
(f) The order constitutes an offer by you to purchase the services in accordance the terms and conditions in the documents referred to in clause 3.1(a). You must ensure that the terms of the order are complete and accurate.
(g) The order shall only be deemed to be accepted when API issues a written acceptance of the order.
(h) You confirm and warrant that all the details that you have provided in completing your order are true and correct.
(i) API reserves the right not to process your order for any reason, including, but not limited to, if it has not received payment for your order.
(j) Once you submit your order it cannot be changed or cancelled unless otherwise agreed by API.
3.2 Location and Provision of Services
(a) API will supply the services to the location set out in the order or such other location as the parties may agree, at any time after API notifies you that the services will be supplied.
(b) API reserves the right not to supply the services to you for any reason, including, but not limited to, if it considers that the place you designate for service is outside the API service areas. If API is unable to supply to you services at the location or place selected by you, then it will contact you to see if alternative arrangements can be made.
(c) Any dates quoted for services are approximate only, and the time of service is not of the essence. API will not be liable for any delay in supply of the services whatsoever. If API is unable to supply the services within the time frame indicated, we will use our best endeavours to contact you to make other arrangements.
3.4 Liability of API and Refunds
(a) In Australia, the services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to terminate the contract for supply of services or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage.
(b) You are entitled to a refund if the services are not fit for a particular purpose commonly supplied and such failure to comply with the guarantee cannot be remedied.
(c) Without limitation to your rights under the Australian Consumer Law, you acknowledge that:
(1) API has not made any representations or warranties in relation to the services, your order on the API Website;
(2) it is your responsibility to satisfy yourself in relation to the price, quality or otherwise of the services prior to the supply of services by API;
(3) API shall not be liable for any loss or damage caused, directly or indirectly, in relation to the services or any product resulting from the services, your order or the API Website.
(d) API does not give any warranty nor accept any liability in relation to performance or non-performance of its obligations under these Order Terms and API’ Terms & Conditions except to the extent, if any, required by law or specifically provided for in these Order Terms, API’ Terms & Conditions or Australian Consumer Law.
(e) To the extent API is found liable in connection with the Order Agreement on the API Website, its liability shall be limited (at the option of API) to any one or more of the following:
(1) Re-supplying services to which the liability relates or the supply of equivalent services; or
(2) Reimbursing you (subject to subclause 3.4(f)) for paying someone else to supply the services which the liability relates.
(f) If API is liable in connection with the Order Agreement, then irrespective of anything else in the Order Agreement, API’ cumulative liability in the aggregate (to the fullest extent permitted by law) shall in no event exceed the sum of the service fees paid by you to API.
(g) All limitations of liability under these Order Terms and API’ Terms & Conditions shall apply for the benefit of the employees and agents of API to the same extent as they apply for the benefit of API against you or anyone claiming through or under you.
(h) To the maximum extent permitted by applicable law, in no event shall API be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the API Website, with the delay or inability to use the API Website or related services, the provision of or failure to provide services, or for any information, goods, service and related graphics obtained through the API Website, or otherwise arising out of the use of the API Website, whether based on contract, tort, negligence, strict liability or otherwise, even if API has been advised of the possibility of damages.
You agree to indemnify API, keep it indemnified and hold it harmless, against any:
(a) claims against API; or
(b) loss (including all direct, indirect, special or consequential loss) suffered by API,
arising from or in connection with:
(c) the negligent acts or omissions of you or your employees, agents or contractors; or
(e) any claim or demand, including reasonable legal fees, made by any third party due to or arising in any way out of your use of the API Website, or the infringement by you, or by any other person using your computer or device, of any intellectual property right of any person.
- Intellectual Property Rights
You acknowledge and agree that:
(b) Any trade marks or logos which appear on the API Website are owned by or licensed to API or its related corporations, and that you must not do anything to prejudice the rights of the trade mark owner or licensee to such trade marks or logos.
6.1 Personal Information and Consent
(a) By completing your order and setting up an account via the API Website, you will have provided personal information to API.
(b) If you have selected that you agree to receive promotional material, you consent to receiving any material that API sends to you as a result of submitting your order.
(c) If at any time you do not wish to receive any further material from API you may unsubscribe by simply sending an email with the subject line “unsubscribe” to email@example.com.
6.2 Linked Sites
API reserves the right, in its sole discretion, to terminate your access to the API Website and the related services or any portion thereof at any time, without notice.
8.1 Governing Law and Jurisdiction
If anything in this document is or is determined to be unenforceable, illegal, voidable or void in a jurisdiction then it is severed for that jurisdiction and the rest of this document remains in full force and effect in all other jurisdictions.
8.3 Force Majeure
If API is prevented from, or delayed in, performance an obligation by an event of Exceptional Circumstance (defined below) then those obligations of API are suspended for the duration of the event of Exceptional Circumstance. You must use all reasonable endeavours to remove or mitigate your any loss arising from, and the effects of, the event of Exceptional Circumstance.
- adverse changes in government regulations;
- any disaster or act of God, lightning strikes, atmospheric disturbances, earthquakes, floods, storms, explosions, fires and any natural disaster;
- acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution, cyber attacks, viruses or malware, data loss as a result of the actions of a third party;
- strikes or industrial disputes;
- materials or labour shortage; and/or
- acts or omissions of any third party network providers (such as internet, telephony or power provider).
9.1 Your consent