Privacy Policy

2. How Visibuild collects and holds Personal Information and Personal Data

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 and Personal Data 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 and Personal Data 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 and Personal Data 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 and Personal Data

In the event we collect Personal Information and Personal Data 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 and Personal Data is not required, we will destroy the information or ensure that the information is de-identified.

2.5 How we hold your Personal Information and Personal Data

Once we collect your Personal Information and Personal Data, 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 9 (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 and Personal Data we collect and hold about you.  Visibuild extends the same privacy protection to your Personal Information and Personal Data, 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 and Personal Data

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 and Personal Data we collect.

3.2 Other uses and disclosures

We may also use or disclose your Personal Information and Personal Data and in doing so we are not required to seek your additional consent:

a) 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 and Personal Data to be used or disclosed for such a purpose;

b) 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;

c) if we have reason to suspect that unlawful activity has been, or is being, engaged in; or

d) 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 and Personal Data 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 and Personal Data 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 and Personal Data.

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 and Personal Data 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 and Personal Data.  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.

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 and Personal Data 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 and Personal Data collected and held by Visibuild may be disclosed to, and held at, a destination outside Australia or the United Kingdom, 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 and Personal Data may also be processed by staff or by other third parties operating outside Australia or the United Kingdom 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 and Personal Data to Visibuild, you expressly agree and consent to the disclosure, transfer, storage or processing of your Personal Information and Personal Data outside of Australia or the United Kingdom.  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 and Personal Data.  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 and Personal Data 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 Personal Data 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 and Personal Data outside Australia or the United Kingdom 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 and Personal Data 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 and Personal Data from unauthorised access, use, disclosure, alteration, or destruction.  You will appreciate, however, that we cannot guarantee the security of all transmissions or Personal Information and Personal Data, especially where human error is involved or malicious activity by a third party.

Notwithstanding the above, we will take reasonable steps to:

a) make sure that the Personal Information and Personal Data we collect, use or disclose is accurate, complete and up to date;

b) protect your Personal Information and Personal Data from misuse, loss, unauthorised access, modification or disclosure both physically and through computer security methods; and

c) destroy or permanently de-identify Personal Information and Personal Data if it is no longer needed for its purpose of collection.

8.2 Accuracy

The accuracy of Personal Information and Personal Data depends largely on the information you provide to us, so we recommend that you:

a) let us know if there are any errors in your Personal Information and Personal Data; and

b) keep us up-to-date with changes to your Personal Information and Personal Data (such as your name or address).

We provide information about how you can access and correct your information in Section 10.

9. Access to and correction of your Personal Information and Personal Data

You are entitled to have access to any Personal Information and Personal Data 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 and Personal Data 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 or Personal Data, please contact us at privacy@visibuild.com or by post at Level 1, 11-19 bank Place, Melbourne, Victoria 3000 Australia or 483 Green Lanes, London, N13 4BS. Please mark your correspondence to the attention of the Privacy Officer.

10.3 Steps we take to resolve a complaint

In order to resolve a complaint, we:

a) will liaise with you to identify and define the nature and cause of the complaint;

b) may request that you provide the details of the complaint in writing;

c) will keep you informed of the likely time within which we will respond to your complaint; and

d) 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:

a) 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

b) 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:

a) to provide the consents given by you in this Privacy Policy; and

b) 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 and Personal Data due to the changes in our Privacy Policy, please cease providing us with your Personal Information and Personal Data and contact us via the details set out at the top of this document.

12. GDPR

12.1  Definitions

In this section 13, the following defined terms have the associated meanings:

a) Data Subject has the meaning attributed to that term in the GDPR.

b) GDPR means, when used in the context of:

1) United Kingdom residents—the UK General Data Protection Regulation as implemented by the Data Protection Act 2018; and

2) when used in the context of European Union residents—Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data, and repealing Directive 95/46/EC.

c) Personal Data has the meaning attributed to that term in the GDPR.

12. 2 Application of GDPR

We are required to comply with the GDPR in relation our processing of Personal Data in providing our products or services to residents in the United Kingdom or European Union (as applicable).

If you are resident of the United Kingdom or European Union, then in addition to what is set out in Sections 1 to 12 above, the provisions in this Section 13 also apply to you.

12.3 Our obligations under the GDPR

Under the GDPR, Visibuild is a “data controller” and this determines the purposes and means for our processing of your personal data.

In addition to your rights of access and correction as set out above, as a Data Subject you may:

a) (access) request access to your Personal Data held by Visibuild;

b) (rectification) request to update or rectify any of the Personal Data that we hold about you by contacting us at the details specified above and request Personal Data updates;

c) (erasure) withdraw your consent to Visibuild’s use of your Personal Data as described in this policy by deletion or erasure of your Personal Data that we hold where that data is no longer required for the purpose for which it was collected;

d) (restriction on processing) obtain from Visibuild a restriction on processing of your Personal Data where:

1) accuracy of the Personal Data is contested;

2) the processing by the processor is unlawful (and you oppose erasure but request restriction of use);

3) Visibuild no longer needs your Personal Data; or

4) you have objected to processing pursuant to your right to object under Article 21 of the GDPR;

e) (data portability) request that Visibuild:

1) provides you with a copy of the Personal Data that Visibuild holds about you in a portable and machine readable form; or

2) share your Personal Data with a nominated third party.

12.4 Exercising Data Subject rights

If you wish to exercise any of your Data Subject rights, then please send your request in writing to the details above in Section 11.

We will process your request promptly and within one month of receipt of receiving it.

12.5 Complaints

If you have any concerns in relation to Visibuild collection or processing of your Personal Data, then you also have a right to complain to a supervisory authority (within the meaning of the GDPR).