General
The Privacy Act 1988 (Cth) (‘Privacy Act’) and the National Privacy Principles (‘NPP’s’) govern the way in which we must manage your personal information and this policy sets out how we collect, use, disclose and otherwise manage personal information about you.
This Privacy Policy applies to the collection, use, disclosure, and handling of personal information (including sensitive information as defined by the Act) by ‘Insighto PTY LIMITED trading as “Insighto ” ACN 36 676 288 038 (‘the Company’), including personal information (and sensitive information) collected via this Website (‘Website’).
We encourage you to check our website regularly for any updates to this privacy policy and take all necessary measures including:
Complying with NPP’s
Collect only information necessary to provide you with the best service
Manage your information securely
Ensure you are able to opt out from marketing communications for which you subscribed easily
Ensure that you can access your personal information upon request and subsequently request erasure
Privacy Collection Statement
We collect personal information for the primary purpose of providing you with the products or services you are seeking, and accordingly, if the personal information you provide is incomplete and/or inaccurate we may be unable to provide you with those services.
Collection
Types of information collected
We may collect and hold personal information about you, that is, information that can identify you, such as your name, address, phone number, email address, and other information relevant to providing you with the products and services you are seeking.
Information to identify you
Information to contact you
Information to process your purchase
Purpose of collection
Generally, we will collect and use your personal information for one or more of the following reasons:
Providing services to you or someone else you know;
Processing an application you have made;
Undertaking various activities required by law;
Providing you with information about other products or services that we, our related entities and other organisations that we have affiliations with offer, that may be of interest to you;
Providing you with promotional information for which you have expressly asked to receive;
Facilitating our internal business operations, including the fulfilment of any legal requirements; and
Analysing our products and services and customer needs with a view to developing new and/or improved products or services.
Methods of collection
Personal information will generally be collected directly from you through the use of any of our standard forms, over the internet, via email, face to face or through a telephone conversation with you. There may, however, be some instances where personal information about you will be collected indirectly because it is unreasonable or impractical to collect personal information directly from you.
Failure to provide information
If the personal information you provide to us is incomplete and/or inaccurate, we may be unable to provide you, or someone else you know, with the products or services you, or they, are seeking.
Internet users
If you access our web site, we may collect additional personal information about you in the form of your IP (Internet Protocol) address and domain name.
Also, our website uses cookies. The main purpose of cookies is to identify users and to prepare customized web pages for them. Cookies do not identify you personally, but they may link back to a database record about you. We use cookies to monitor the usage of our website and to create a personal record of when you visit our website and what pages you view so that we may serve you more effectively.
Use and Disclosure
We only use and disclose personal information about you for the purposes for which it was collected (as set out above). Although, we may disclose personal information about you to:
Service providers, who assist us in operating our business, where you have requested an additional service to be provided for example embellishment or freight;
Other service providers, who provide the various services that you have requested and we have arranged.
A purchaser of the assets and operations of our business, providing those assets and operations are purchased as a going concern.
Security and Storage
The security of your personal information is important to us. We take all reasonable measures to ensure that your personal information is stored safely to protect it from misuse, loss, unauthorized access, modification, or disclosure, including electronic and physical security measures.
The data that we collect from you may be transferred to, and stored at, a destination outside the physical address of Insighto , which is located in Australia. By submitting your personal data, you agree to this transfer, storing, or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with the Privacy Act.
Access and Your Rights
You may access the personal information we hold about you, upon making a written request and providing proof of identity. You can also request for your information to be erased should it no longer be required to fulfill the service requested.
If, upon receiving access to your personal information or at any other time, you believe the personal information we hold about you is inaccurate, incomplete, or out of date, please notify us immediately. We will take reasonable steps to correct the information so that it is accurate, complete, and up to date.
Consent and Marketing
Clients must provide expressed consent to receive email marketing. You can subscribe via our website and unsubscribe via the unsubscribe link found on each marketing email or you can call us to request removal.
Links to Other Websites
Our website may contain links to other websites. We are not responsible for the privacy practices of linked websites and so linked websites are not subject to our privacy policies and procedures.
Feedback
If you have any queries or concerns about our privacy policy or the way in which we handle your personal information, please contact us at:
Insighto
info@insighto.com.au
www.insighto.com.au
0466 705 842
1. About the Website
1.1. Welcome to www.insighto.com.au (the 'Website'). The Website provides buyers agent & project management services (the 'Services').
1.2. The Website is operated by Insighto PTY LIMITED. (ABN 36 676 288 038) . Access to and use of the Website, or any of its associated Products or Services, is provided by Insighto. Please read these terms and conditions (the 'Terms') carefully. By using, browsing, and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. Insighto reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Insighto updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Insighto in the user interface.
3. Copyright and Intellectual Property
3.1. The Website, the Services, and all of the related products of Insighto are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements, and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Insighto or its contributors.
3.2. All trademarks, service marks, and trade names are owned, registered, and/or licensed by Insighto , who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to: Insighto does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Insighto.
(a) use the Website pursuant to the Terms; (b) copy and store the Website and the material contained in the Website in your device's cache memory; and (c) print pages from the Website for your own personal and non-commercial use.
3.3. Insighto retains all rights, title, and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any rights to you.
(a) business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright, or (b) a right to use or exploit a business name, trading name, domain name, trademark, or industrial design, or (c) a thing, system, or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a thing, system, or process).
3.4. You may not, without the prior written permission of Insighto and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt, or change in any way the Services or third-party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
4. Privacy
Insighto takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Insighto Privacy Policy, which is available on the Website.
5. General Disclaimer
5.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
5.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded; and (b) Insighto will not be liable for any special, indirect, or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute, or otherwise.
5.3. Use of the Website and the Services is at your own risk.
Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, and licensors of Insighto make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Insighto) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; (b) the accuracy, suitability, or currency of any information on the Website, the Services, or any of its Services related products (including third-party material and advertisements on the Website); (c) costs incurred as a result of you using the Website, the Services, or any of the products of Insighto ; and (d) the Services or operation in respect to links which are provided for your convenience.
6. Limitation of liability
6.1. Insighto total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute, or otherwise, will not exceed the resupply of the Services to you. 6.2. You expressly understand and agree that Insighto, its affiliates, employees, agents, contributors, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
7. Indemnity
7.1. You agree to indemnify Insighto, its affiliates, employees, agents, contributors, third-party content providers, and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) incurred, suffered, or arising out of or in connection with Your Content; (b) any direct or indirect consequences of you accessing, using, or transacting on the Website or attempts to do so; and/or (c) any breach of the Terms.
8. Dispute Resolution
8.1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
8.2. Notice: A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms must give written notice to the other party detailing the nature of the dispute, the desired outcome, and the action required to settle the Dispute.
8.3. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
8.4. Termination of Mediation: If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree; (b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed; (c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; (d) The mediation will be held in Victoria, Australia.
9. Venue and Jurisdiction
The Services offered by Insighto are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
10. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding, or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under, and pursuant to the laws of Victoria.
Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
11. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
12. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.