1.1 Thank you for using our website located at www.incompetenceinsurance.com.au and any other site or social media account under the name “Incompetence Insurance” (collectively, “Site”). This Site is operated by Nutshell Media Pty Ltd (ACN 641 571 146).
1.2 Any reference to “our,” “we,” or “us” means Nutshell Media Pty Ltd (ACN 641 571 146). Any reference to “you” or “your” means you, as a user of the Site.
(b) also agree to the Terms.
1.5 The Site gives you an opportunity to input information, complete questionnaires and submit enquiries about products and services offered by our Partners (our “Services”), who in return may contact you in relation to your enquiry.
2.1 In addition to the definitions provided in clause 1, the following words have the following meaning in these Terms:
2.2 “NDB” means the Privacy Amendments (Notifiable Data Breaches) Act 2017 (Cth).
2.3 “Non-Personal Information means any information which is not Personal Information.
2.4 “Personal Information” means information about an individual which can be used to identify that individual, or any other definition given to it in the Privacy Laws.
2.5 “Privacy Laws” means the Privacy Act 1988 (Cth), Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth).
2.6 “Sensitive Information” has the same meaning as provided for under the Privacy Act 1988 (Cth).
2.7 Any other capitalised terms which are defined in the Terms have the same meaning as they do in the Terms.
(a) the types of Personal Information we collect from you;
(b) how and when we collect, disclose, use, store and otherwise handle your Personal Information;
(c) the purposes for which we collect, hold, use and disclose your Personal Information;
(d) how you may access your Personal Information, and seek correction of or update your Personal Information;
(e) how we store your Personal Information and keep it secure;
(f) how you can make a complaint, and how we will deal with your complaint.
4 THE TYPES OF PERSONAL INFORMATION WE COLLECT
4.1 We collect Personal Information from you in order to provide you with information about our Services. This may include (without limitation) Personal Information such as your:
(b) business or company name (if applicable);
(c) phone number;
(d) address and postcode;
(e) email address;
(f) IP address.
4.2 We do not collect Sensitive Information from you, such as information relating to your health or ethnic origin, unless it is necessary for our business purposes. If we do need to collect Sensitive Information from you, we will do so in accordance with the Privacy Laws.
4.3 We also automatically collect certain technical data that is sent to us from the computer, mobile device and/or browser through which you access the Platform (Automatic Data). Automatic Data, includes without limitation, a unique identifier associated with your access device and/or browser (including, for example, your Internet Protocol (IP) address) characteristics about your access device and/or browser, statistics on your activities on the Platform, details of the license packages you have subscribed for or that you have enquired about, including any additional information related thereto and response to your enquiries, or information about how you came to the Site. We collect Automatic Data based on your consent which was granted to us by you when you have elected to use the Site.
5 HOW WE COLLECT YOUR PERSONAL INFORMATION
5.1 We collect Personal Information from you when you use our Services, including but not limited to when you:
(a) input information through the Site, for example while making an enquiry or submitting a review;
(b) provide us with feedback, including without limitation on the phone, by email, and through our surveys and questionnaires
(c) use our comparison tools or calculator;
(d) while interacting with us through our Site or directly.
6 HOW WE USE YOUR PERSONAL INFORMATION
6.1 We use your Personal Information and you consent to us using your Personal Information to:
(a) provide you with our Site and Services;
(b) disclose it with accordance with clause 7, specifically to our Partners when we provide them with Service Leads;
(c) administer our business activities and internal record keeping;
(d) enable us to conduct customer research;
(e) provide you with marketing and promotional materials;
(f) review your dealings with us, including any products or services that you previously enquired about, or other products or services that may be of interest to you;
(g) manage, research and develop our Site and Services including through data analytics;
(h) conduct research, questionnaires and competitions, including on behalf of our Partners;
(i) communicate with you by a variety of measures including, but not limited to, by telephone, email, SMS or mail;
(j) meet legal, regulatory and compliance obligations; and
(k) investigate any complaints.
6.2 If you choose to withhold your Personal Information, it may not be possible for us to provide you with our Services or for you to access certain parts of our Site or for us to respond to your query.
7 DISCLOSURE OF YOUR PERSONAL INFORMATION TO THIRD PARTIES
7.3 The main purposes of our Site are to allow you to make enquiries or expressions of interest to our Partners, and provide Service Leads to our Partners. Accordingly, your Personal Information will be forwarded to our Partners.
7.4 We may share your Personal Information with third-party service providers to help us provide our Site and Services.
7.6 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.
7.7 If there is a change of control in our organisation or a sale or transfer of organisation assets, we reserve the right to transfer to the extent permissible at law our databases, together with any Personal Information and non-Personal Information contained in those databases.
8 Disclosure of personal information outside Australia
8.1 We may disclose personal information outside of Australia to insert type of entities to which you disclose information, eg third party suppliers, cloud providers, developers, IT support, and Partners located in Vietnam, Thailand, Singapore, Serbia and the Philippines.
8.2 When you provide your Personal Information to us, you consent to the disclosure of your information outside of Australia and acknowledge that we are not required to ensure that overseas recipients handle that personal information in compliance with the Privacy Laws. We will, however, take reasonable steps to ensure that any overseas recipient will deal with such personal information in a way that is consistent with the Privacy Laws.
9 HOW WE SECURE YOUR PERSONAL INFORMATION AND DATA BREACH
9.1 We are committed to ensuring that the Personal Information you provide to us is secure. To prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure data and to protect this data from misuse, interference, loss and unauthorised access, modification and disclosure.
9.2 A reportable “Data Breach” is a security incident where the integrity of Personal Information or Personal Data is compromised through being destroyed, lost, altered, corrupted, disclosed or accessed by an unauthorised person where it is likely to result in serious harm to any individual affected.
9.3 We have procedures and systems in place including a data breach incident response plan, specific data breach policies and procedures and personnel to deal with an actual or suspected “Data Breach” and will notify you and the applicable regulator in accordance with our obligations under the NDB.
9.4 Please report any actual or suspected data breaches to us by using the Contact Us section provided below so that we can investigate the data breach and take any necessary action.
(a) to bring you relevant content and improve user experience;
(b) to collect information such as your IP address and browser type, device information and language;
(c) to analyse data about webpage traffic;
(d) for advertising and marketing purposes; and
(e) to perform data analytics and improve our Site.
10.3 You can configure your Internet browser to accept all cookies, reject all cookies or notify you when a cookie is set. If you disable cookies from being stored in your computer or on your device, you may not be able to use the full functionality of the Site.
11 THIRD-PARTY ANALYTICS TOOLS AND THIRD-PARTY REMARKETING TOOLS
11.1 We use technologies and third-party services such as Google Analytics, pixels, tags and web beacons (code snippets) on our Site to customise content and advertising, and to analyse traffic to our Site, including about how you use and interact with our Site.
11.2 Third-party analytics tools collect Non-Personal Information such as how often you visit our Site, the web pages you visit, add-ons, and other analytics data that assists us in improving our Site and Services.
11.3 1We may also share information about your use of the Site with our Partners and other third parties.
12 ACCESS TO AND HOW YOU CAN CONTROL YOUR PERSONAL INFORMATION
12.1 You may request details of Personal Information that we hold about you in accordance with the provisions of the Privacy Laws.
12.2 If you would like a copy of your data or believe that your data is inaccurate, out of date, incomplete, irrelevant, please contact us using the contact details provided below.
13 COMPLAINTS ABOUT PRIVACY
13.1 Please contact us using the contact details below if you have any questions or concerns about our collection, use or disclosure of Personal Information. We will aim to resolve your complaint within 30 days.
13.2 If you remain dissatisfied, you may refer your complaint in writing to the Office of the Australian Information Commissioner.
14 THIRD PARTY INFORMATION AND LINKS
14.1 Our Site may from time to time have links to other websites not owned or controlled by us or otherwise we may refer to third-party information on the Site.
14.2 Please note that we are not responsible for the privacy practices of other websites. It is your responsibility to make decisions regarding the relevance, accuracy, currency and reliability of information found on other websites.
15 OUR DETAILS
15.1 This Site is operated Nutshell Media Pty Ltd (ACN 641 571 146).
15.2 Our principal place of business is at Level 11, 484 St Kilda Road, Melbourne 3004.
15.3 You can contact us:
(a) by post, using the mailing address given above;
(b) using our contact form on the Site, should one be made available to you;
(c) email at [email protected]
15.4 Notices are taken to be read on the day they are received, unless they are received after 5 PM or not on a business day in the State, in which case they are deemed to be received on the next business day.
© 2021 Nutshell Media Pty Ltd. ALL RIGHTS RESERVED.
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