Privacy Policy - Visibuild

Last updated: December 2021

Visibuild Pty Ltd (ACN 649 906 418) (Visibuild, we, us and our) respects your privacy and is committed to protecting it. We comply with the Australian Privacy Principles and the Privacy Act 1988 (Cth) (Privacy Act), which govern the way private sector organisations collect, use, keep secure and disclose Personal Information or Personal Data.

The Privacy Act defines “Personal Information” to mean any information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent or can be reasonably ascertained, from the information or an opinion.

If you have any concerns or complaints about the manner in which your Personal Information has been collected, used or disclosed by us, please contact us via the information set out in Section 10 and we will resolve your concern or answer your question.

We recommend that you keep this information for future reference.

1. The kinds of Personal Information collected, used and disclosed by Visibuild

We will only use or disclose your Personal Information for the primary purposes for which it was collected or as consented to by you. At or around the time we collect Personal Information from you, we will endeavour to provide you with a notice which details how we will use and disclose that specific information. We set out some common collection, use and disclosure instances in the table below.

Purpose	Type of information	Uses	Country
Sales and enquiries	Contact information: Such as your name, company name, role, address, billing address (if different to address), email address, phone numbers, IP address, username and password. Transaction sales: Such as: Billing and account details. Payment card details. Customer Service: Information collected in connection with the delivery of our products and services by our customer services department.	The types of uses we will make of Personal Information collected for this type of purpose include: Identity verification: if required, the verification of your identity. Products and services: the provision of our products and services to you, including: To answer queries you may have about our products and services. Using your Personal Information in order for you to use the products and services offered. Payment processing, including charging, credit card authorisation, verification and debt collection. Checks for financial standing and credit-worthiness. To provide customer service functions, including handling customer enquiries and complaints. Marketing: using your Personal Information for the purposes set out in “Marketing Services” section below. General administrative and security use: To protect Visibuild’s websites and software from security threats, fraud or other criminal activities. The use for the administration and management of Visibuild, including our customer relationship management system and our internal analytics. The maintenance and development of our products and services, business systems and infrastructure. In connection with the sale of any part of Visibuild’s business. To provide customer services to clients and for quality assurance purposes.	The types of disclosures we will make of Personal Information collected for the type of purposes listed include, without limitation, to: Third parties connected with the sales process including ecommerce, payment gateway providers and financial institutions. Service providers (including IT service providers and consultants) who assist Visibuild in providing our products and services. Third parties in connection with the sale of any part of Visibuild’s business. As required or authorised by law.
Your use of our software	Account login information and onboarding: such asyour full name, email address, company name and role and IP address. In-app feedback: such as documentation or images uploaded by you or information input by you to our software.	The types of uses we will make of Personal Information collected for this type of purpose include: Products and services: the provision of our products and services to you, including: Creating and maintaining your account to use Visibuild software. To provide product and user support to you and your users. To protect the security of your account and prevent unauthorised use. General administrative and security use: To protect Visibuild’s websites and software from security threats, fraud or other criminal activities. The use for the administration and management of Visibuild, including our customer relationship management system and our internal analytics. The maintenance and development of our products and services, business systems and infrastructure. In connection with the sale of any part of Visibuild’s business. To provide customer services to clients and for quality assurance purposes.	The types of disclosures we will make of Personal Information collected for the type of purposes listed include, without limitation, to: Third parties connected with the sales process including ecommerce, payment gateway providers and financial institutions. Service providers (including IT service providers and consultants) who assist Visibuild in providing our products and services. Third parties in connection with the sale of any part of Visibuild’s business. As required or authorised by law.
Credit information	Contact and identifying information: Such as your name, Company name, address, billing address (if different to address), email address, phone numbers, marital status. Alternative Contact (name, address and phone number). Bank account (including bank statements), credit or debit card details.	Vendor and Supplier payments: The processing of any payments and refunds, if applicable. Purchases of Visibuild’s products and services: Payment processing, including charging, refunds (if applicable), credit card authorisation, verification and debt collection. Online accounts: If you create an account with Visibuild and you provide us your Personal Information, we will use it for: providing you access to Visibuild’s software platform; processing of account transactions; and customer service related contact. General administrative and security use as detailed in the Uses column for “Sales and enquiries”.	In summary, we may disclose this type of Personal Information to: Our contractors, agents and third party providers who undertake billing and credit services on our behalf. Third party providers who assist us in providing our products and services to you. Third parties, such as external debt recovery agents, court or other entities to which we are required by law to disclose Personal Information. The parties listed in the Disclosure column for “Sales and enquiries”.
Marketing services	Contact information: Such as your name, email address, company, role, and phone numbers. Website enquiries: Such as your name, email address, company and role. In-app feedback: Information such as: User account information including username and password and other contact information. Any other information provided to Visibuild. Social media activity: Including “likes”, comments posted, any of your oppositions or feedback, photos posted or uploaded and other information pertaining to your social media activities which concern, or relate, to Visibuild.	General marketing and consumer analytics: using your Personal Information: To aggregate with other information and to then use it for marketing and consumer analytics. To offer you updates on products, events or information that may be of interest to you. For Marketing and promotional activities by us (including by direct mail, telemarketing and email) such as our email alerts, product awareness information and newsletters. For the Uses detailed above in “Sales and enquiries”. Online accounts or social media: If you create an account with Visibuild or participate in our social media platforms (such as LinkedIn) and you provide us your Personal Information, we will use it for: Adding account holders to the marketing database. Customer service related contact. Responding to social media messages. Fulfilling social media platform rules.	We may disclose your Personal Information to: Third parties connected with the marketing process who assist us in providing our products and services to you. The parties listed in the Disclosure column for “Sales and enquiries”.

2. How Visibuild collects and holds Personal Information

2.1 Collection generally

As much as possible or unless provided otherwise in this Privacy Policy or a notification, we will collect your Personal Information directly from you. When you engage in certain activities, such as 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 information or any other information we require in order for us to provide our products or services to you, we may be unable to provide our products or services to you in an effective manner, or at all.

2.2 Other collection types

We may also collect Personal Information about you from other sources and third parties. An example of these alternative collection events is where an existing user of our software provides us with your personal information to contact you to invite you to use our software.

2.3 Notification of collection

If we collect details about you from someone else, we will, whenever reasonably possible, make you aware that we have done this and why, unless special circumstances apply, for example where information is collected from publicly available sources or where otherwise required or authorised by law.

2.4 Unsolicited Personal Information

In the event we collect Personal Information from you, or a third party, in circumstances where we have not requested or solicited that information (known as unsolicited information), and it is determined by Visibuild (in its absolute discretion) that the Personal Information is not required, we will destroy the information or ensure that the information is de-identified.

2.5 How we hold your Personal Information

Once we collect your Personal Information, we will either hold it securely and store it on infrastructure owned or controlled by us or with a third party service provider who have taken reasonable steps to ensure they comply with the Privacy Act. We provide some more general information on our security measures in Section 8 (Data security and quality).

2.6 Cookies and IP addresses

If you use our website, we may utilise “cookies” which enable us to monitor traffic patterns, trends and to serve you more efficiently if you revisit our website. In most cases, a cookie does not identify you personally but may identify your internet service provider or computer.

We may gather your IP address as part of our business activities and to assist with any operational difficulties or support issues with our products and services. This information does not identify you personally.

However, in some cases, cookies may enable us to aggregate certain information with other Personal Information we collect and hold about you. Visibuild extends the same privacy protection to your Personal Information, whether gathered via cookies or from other sources, as detailed in this Privacy Policy.

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. However, if you disable cookies, you may not be able to access certain areas of our websites or take advantage of the improved web site experience that cookies offer.

3. Uses and disclosures of Personal Information

3.1 Use and disclose details

We provide a detailed list at Section 1 of some common uses and disclosures we make regarding the Personal Information we collect.

3.2 Other uses and disclosures

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.

3.3 Use and disclosure procedures

In the event we propose to use or disclose such Personal Information other than for reasons set out in the above table at Section 1 or as otherwise outlined in this Privacy Policy, we will first notify you or seek your consent prior to such disclosure or use.

Your Personal Information is disclosed to these organisations or parties only in relation to the products or services we provide to you or for a purpose permitted by this Privacy Policy.

We take such steps as are reasonable to ensure that these organisations or parties are aware of the provisions of this Privacy Policy in relation to your Personal Information.

3.4 Communications opt-out

If you have received communications from us and you no longer wish to receive those sorts of communications, you should contact us via the details set out at the top of this document and we will ensure the relevant communication ceases. Alternatively, you can opt out of email marketing via the “unsubscribe” facility included in direct email marketing. Any other use or disclosure we make of your Personal Information will only be as required or authorised by law or as permitted by this Privacy Policy or otherwise with your consent.

4. Sensitive information

4.1 Sensitive information generally

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.

4.2 Collection and use of sensitive information

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 products and services provided to you. However, we do not collect sensitive information from you without your consent.

The type of sensitive information we may collect about you is dependent on the services provided to you by Visibuild 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 set out in Section 5 below) without your express consent.

4.3 Consent

We may collect other types of sensitive information where you have consented and agree to the collection of such information. Generally speaking, we will obtain this type of consent from you at (or around) the point in time in which we collect the information.

5. Direct Marketing

5.1 Express informed consent

You give your express and informed consent to us using your Personal Information set out in:

the “Sales and Enquiries” section of the table at Section 1 of this document above; and
the “Marketing Services” section of the table at Section 1 of this document above;

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) which we consider may be of interest to you, whether by post, email, SMS, messaging applications and telephone (Direct Marketing Communications).

5.2 Inferred consent and reasonable expectations of direct marketing

Without limitation to paragraph 5.1, if you have provided inferred or implied consent (e.g. not opting out where an opt-out opportunity has been provided to you) or if it is within your reasonable expectation 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.

5.3 Opt-out

If at any time you do not wish to receive any further Direct Marketing Communications from us or others under this Section 5, 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 Direct Marketing Communication or by contacting us via the details set out at the top of this document.

6. Anonymity and pseudo-anonymity

Due to the nature of the products and services we provide, it is only practicable and reasonable for Visibuild to transact and correspond with you on a named basis. Your Personal Information may be required in order to provide you with our products and services, or to resolve any issue you may have.

7. Cross Border Disclosure

7.1 Cross border disclosures

Any Personal Information collected and held by Visibuild may be disclosed to, and held at, a destination outside Australia, including but not limited to the United States of America and Europe, where we utilise third party service providers to assist Visibuild with providing our products and 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.

As we use service providers and platforms which can be accessed from various countries via an Internet connection, it is not always practicable to know where your information may be held. If your information is stored in this way, disclosures may occur in countries other than those listed above.

In addition we may utilise overseas IT services (including software, platforms and infrastructure), such as data storage facilities or other IT infrastructure. In such cases, we may own or control such overseas infrastructure or we may have entered into contractual arrangements with third party service providers to assist Visibuild with providing our products and services to you.

7.2 Provision of informed consent

By submitting your Personal Information to Visibuild, you expressly agree and consent to the disclosure, transfer, storage or processing of your Personal Information outside of Australia. In providing this consent, you understand and acknowledge that countries outside Australia do not always have the same privacy protection obligations as Australia in relation to Personal Information. However, we will take steps to ensure that your information is used by third parties securely and in accordance with the terms of this Privacy Policy.

The Privacy Act requires us to take such steps as are reasonable in the circumstances to ensure that any recipients of your Personal Information outside of Australia do not breach the privacy principles contained within the Privacy Act. By providing your consent, under the Privacy Act, we are not required to take such steps as may be reasonable in the circumstances. However, despite this, we acknowledge the importance of protecting Personal Information and have taken reasonable steps to ensure that your information is used by third parties securely and in accordance with the terms of this Privacy Policy.

7.3 If you do not consent

If you do not agree to the disclosure of your Personal Information outside Australia by Visibuild, you should (after being informed of the cross border disclosure) notify Visibuild that you do not consent and refrain from the use of our products and services. To notify Visibuild of this, either elect not to submit the Personal Information to Visibuild after being reasonably informed in a collection notification or please contact us via the details set out at the top of this document.

8. Data security and quality

8.1 Visibuild’s security generally

We have taken steps to help secure and protect your Personal Information from unauthorised access, use, disclosure, alteration, or destruction. You will appreciate, however, that we cannot guarantee the security of all transmissions or Personal Information, especially where human error is involved or malicious activity by a third party.

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.

8.2 Accuracy

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).

We provide information about how you can access and correct your information in Section 9.

9. Access to and correction of your Personal Information

You are entitled to have access to any Personal Information relating to you which we hold, except in some exceptional circumstances provided by law (including the Privacy Act). 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.

10. Resolving Privacy Complaints

10.1 Complaints generally

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.

10.2 Contacting Visibuild regarding complaints

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 at privacy@visibuild.com.au or at 3 Albert Coates Ln, Melbourne VIC 3000. Please mark your correspondence to the attention of the Visibuild Privacy Officer.

10.3 Steps we take to resolve a complaint

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.

10.4 Register of complaints

We will keep a record of the complaint and any action taken in a Register of Complaints.

11. Consent, modifications and updates

11.1 Interaction of this Policy with contracts

This Privacy Policy is a compliance document prescribed by law rather than a legal contract between two or more persons. However, certain contracts may incorporate all, or part, of this Privacy Policy into the terms of that contract. In such instances, Visibuild may incorporate the terms of this policy such that:

certain sections or paragraphs in this policy are incorporated into that contract, but in such a way that they do not give rise to contractual obligations onto Visibuild, but do create contractual obligations on the other party to the contract; and
the consents provided in this policy become contractual terms provided by the other party to the contract.

11.2 Acknowledgement

By using our website or app, purchasing a product or service from Visibuild, where you have been provided with a copy of our Privacy Policy or had a copy of our Privacy Policy reasonably available to you, you are acknowledging and agreeing:

to provide the consents given by you in this Privacy Policy; and
that you have been informed of all of the matters in this Privacy Policy.

11.3 Modifications and updates

We reserve the right to modify our Privacy Policy as our business needs require. We will take reasonable steps to notify you of such changes (whether by direct communication or by posting a notice on our website). If you do not agree to our continued use of your personal information due to the changes in our Privacy Policy, please cease providing us with your Personal Information and contact us via the details set out at the top of this document.