Privacy & Security

LAST UPDATED: 26/10/2020
We believe fairness and transparency are important and power the decisions we make. This includes how we gather and respect your personal information. We’ve written this online Privacy Policy to empower and inform you about your privacy while on our website.

Terms last updated 11 June 2020

1 ABOUT THE SITE

1.1 Thank you for using our website located at comparefuelcards.co.nz and any other site or social media account under the name “comparefuelcards.co.nz” (collectively, “Site”). This Site is operated by Nutshell Media Pty Ltd (ACN 641 571 146).
1.2 Any reference to “our,” “we,” “us” means Nutshell Media Pty Ltd (ACN 641 571 146). Any reference to “you” or “your” means you, as a user of the Site.
1.3 These Terms and Conditions (“Terms”), along with our ‘Privacy Policy’ which form a part of these Terms, govern your use of the Site. By continuing to use our Site, you irrevocably accept these Terms as they apply from time to time.
1.4 The Site gives you an opportunity to complete questionnaires and submit enquiries about goods and services offered by our Partners (our “Services”), who in return may contact you in relation to your enquiry.
1.5 We have commercial arrangements with our Partners. We receive financial payment from our Partners when you use our Services. We receive this financial benefit by sharing your personal information with our Partners (“Service Leads”) so that they can contact you about their products and services.
1.6 We reserve the right to update these Terms from time to time. Any changes to these Terms will be effective from the date published on our Site.
1.7 These Terms will prevail over any other terms or agreement between you and us.
1.8 You agree that we may terminate your access to the Site at any time and without any reason. If we request that you stop using the Site, you must immediately comply with that request.

2 DEFINITIONS

2.1 In addition to the definitions provided in clause 1, the following words have the following meaning in these Terms:
2.2 “Call to Action” means any link on our Site whereby you are led to submit information to one of our Partners, including without limitations, links titled “Find a deal” or “Submit Enquiry”.
2.3 “Claim” includes any demand, claim, action, proceeding, loss (including consequential loss), damages, costs, expenses, requisition, objection, alleged right of indemnity incurred or suffered by, or brought or made or recovered against a matter, no matter how arising (whether or not presently ascertained) in the immediate future or contingent (whether criminal or civil, in contract, tort or otherwise).
2.4 “Eligibility Checker” means a search function on our site by which you can check whether your business has been registered for long enough to be eligible (by the usual guidelines of our Partners) for a fuel card.
2.5 “Intellectual Property Rights” means any intellectual property including all copyright, patents, trademarks, design rights, trade secrets, circuit layouts, rights in database and data rights, domain names, know-how, trade secrets, procedures, technical designs, software and code and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.
2.6 “Law” includes a constitutional provision, treaty, decree, convention, statute, regulation, ordinance, by-law, judgment, rule of common law or equity and is a reference to that law as amended, consolidated or replaced.
2.7 “Loss” means any liability, cost, expense, loss or damage, including without limitation in relation to a Claim, amounts payable on a Claim (whether or not the Claim is successful) and legal costs and expenses on a solicitor and own client basis.
2.8 “Partners” means a third party that has contracted with us for the purchase of Service Leads.
2.9 “Privacy Laws” means the Privacy Act 1988 (Cth) and the Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth).
2.10 “Privacy Policy” means our Privacy Policy available here.
2.11 “Services” means the services provided by us which are limited to providing you with access to the Site, the information on the Site, and the Eligibility Checker.
2.12 “Service Leads” means the personal information obtained from users who engage in our Services provided on the Site. Service Leads are shared with our Partners for a financial payment.
2.13 “State” means the state of Victoria in the Commonwealth of Australia.
2.14 “Uploaded Content” means any content whatsoever which you upload to the Site, including but not limited to, any text, graphics, photos, designs, trademarks, artwork, descriptions, reviews, usage data, feedback, comments, chats and media.
2.15 “Warranties” means any warranties, conditions, terms, representations, statements and promises of whatever nature, whether express or implied
2.16 “Works” means any literary, dramatic, musical or artistic work pursuant to Part III of the Copyright Act 1968 (Cth) and any Part IV subject matter such as cine-films, sound recordings, publications, television broadcasts including any rights in performances.

3 WARRANT OF AUTHORITY

3.1 Your use of the Site is conditional on you being over 18 and resident in Australia. Accordingly, by using the Site, you warrant this to us. If the above conditions are not satisfied, please cease using the Site immediately.

4 OUR SERVICES

4.1 Our Site and Services are intended to provide a general overview for information and guidance purposes only, and to give users the chance to be contacted by our Partners so that they can independently consider whether the products or services advertised on the Site are suitable for their needs. It is not intended to constitute financial, legal or professional advice, or advice based on your requirements.
4.2 You understand that our Services are only intended to introduce users who enquire about certain goods or services to Partners that may be able to provide those goods or services. We do not actually provide you with those goods or services. We only provide the Services as described in clause 2.
4.3 We make no Warranties of any kind as to the Services, or any products or services advertised on Site whether express or implied.
4.4 Although we make reasonable efforts to update the information on our Site, we do not guarantee that our Site is in all respects accurate, complete or current. We also do not say that we present all of the options available to you.
4.5 By using our Services, you agree that:
(a) you are a bona fide user of the Site that is interested in being contacted by our Partners for the purpose of purchasing goods or services offered by our Partners;
(b) we will share your personal information with our Partners, in accordance with our Privacy Policy;
(c) we receive a commission by referring Service Leads to our Partners;
(d) we may contact you directly in relation to any goods or services you have enquired about, or another enquiry you have made on the Site;
(e) we, or our Partners, may send you marketing emails;
(f) we are not liable to you or any other third party in relation to any products or services offered by our Partners, including any advice or recommendations made by our Partners, or any dealings that may be agreed upon or entered between you and or Partners; and
(g) any purchase of goods or services made by you is done solely at your own risk and in reliance on your own enquiries.
4.6 We do not guarantee any impartiality on our part between the various Partners, or that we include all relevant service providers. We are entitled to exclude or refuse to list any service provider in our sole discretion. You acknowledge that some Partners may pay us for Service Leads and this may result in those Partners receiving preferential treatment by us or on the Site.
4.7 When you click or submit any Call to Action on the Site, you essentially submitting an expression of interest which we will forward to the relevant Partner. The Partner may contact you to follow up the enquiry, but we cannot guarantee that. Clicking a Call to Action is not the same as submitting an actual application for a fuel card directly to the Partner through its online portal.

5 PRODUCTS AND SERVICES OFFERED BY OUR PARTNERS

5.1 We bear no responsibility to vet the credentials, pricing, expertise, suitability, credentials or quality of our Partners or the goods or services they provide to you, if you decide to engage with our Partners.
5.2 We make no warranty as to the truth, suitability, quality or accuracy of any information provided by Partners, including, but not limited to, the ability of Partners to provide any particular goods or services, or the pricing of any goods or services offered by Partners.
5.3 We do not endorse, sponsor, support, warrant or guarantee the products or services of our Partners. You must ensure that any products or services offered by our Partners meet your needs or are otherwise suitable for their purposes, and that you have made your own inquiries as to any offerings made by our Partners.
5.4 You agree that we are not liable for any actions or omissions of our Partners. You agree that we are not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, any Claims or Losses, including loss of profits, arising out of or in any way connected with any transaction, engagement or agreement entered into between you and a Partner, or connected to the supply of goods or services by a Partner.
5.5 You are solely responsible for any interactions or disputes that may arise between you and a Partner. You agree that Nutshell Media has no obligation to engage in or monitor disputes between users and Partners.

6 ELIGIBILITY CHECKER

6.1 We provide you with access to and use of the Eligibility Checker.
6.2 You agree that the Eligibility Checker is merely a guideline to provide you with a basic (and not conclusive) idea of whether you meet a basic guideline requirement usually set by our Partners, namely, that your business has been registered for a minimum amount of time.
6.3 You agree that despite any result that he Eligibility Checker returns, the actual eligibility of your business may be different. You must always confirm your eligibility status and any conditions, requirements and guidelines with specific Partners.
6.4 You agree that the requirements, conditions and guidelines of our various Partners are subject to change and variance between Partners, and we make no guarantee that the Eligibility Checker is in all respects accurate, complete or current.
6.5 The Eligibility Checker may be updated from time to time and new features may be added to it.

7 Uploaded Content

7.1 Where the Site allows you to upload any Uploaded Content, you:
(a) represent and warrant to us that you have all right, title, interest and authority in the Uploaded Content;
(b) represent and warrant to us that you have the permission to use the name and likeness of each person whose image appears in any Uploaded Content in the manner contemplated by these Terms;
(c) represent and warrant to us that the use or exploitation of Uploaded Content will not infringe the rights of any third party (including, but are not limited to, intellectual property rights and privacy rights); and
(d) agree and undertake to us to pay all amounts which become owing to any person (whether by way of royalty or otherwise) as a result of or in connection with your submission of the Uploaded Content to or via the Platform;
(e) must not upload any Uploaded Content that;
(i) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, profane, in breach of confidence, in breach of privacy or harassing;
(ii) that would bring us or the Platform into disrepute;
(iii) that you know (or ought reasonably to suspect) is false, misleading, untruthful or inaccurate;
(iv) that contains unsolicited or unauthorised advertising (including junk mail or spam); or
(v) that contains computer or software viruses, files or programs that are designed to interfere with the ordinary functionality of the Platform, or obtain unauthorised access to any system, information, security device belonging to us or any third party;
(f) agree that it is your responsibility to back up any of Uploaded Content to your own systems. We do not guarantee that the Platform will always be available at all times;
(g) agree that we can store Uploaded Content in our servers; and
(h) to the maximum extent permitted by law, release us and indemnify us from any claim or loss in relation to Uploaded Content being stored in our servers.

8 INTELLECTUAL PROPERTY

8.1 We own the Intellectual Property Rights in the Works on this Site. You acknowledge that the Intellectual Property Rights in or relating to the Site is the property of or licensed by us or vests on creation in us. Any other third-party trade marks, service marks, logos, trade names and any other proprietary designations are the trade marks or property of the respective parties.
8.2 The Works on the Site are subject to copyright and owned by the copyright owner. The copyright material on the Site is protected by copyright under the laws of Australia and through international treaties.
8.3 Unless otherwise indicated, all rights (including copyright) on the Site and a part of the compilation of the Site (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by us or any related entities. Information procured from a third-party may be the subject of copyright owned by that third-party.
8.4 You must not reproduce or redistribute any Works on the Site without our permission. Nothing contained on the Site or in these Terms should be construed as granting a licence or right to use any such Intellectual Property or Works without our prior written consent.
8.5 Unless otherwise stated, we retain all rights, title and interest in and to the Works on the Site. Nothing you do on or in relation to the Site will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright;
(b) right to use or exploit a business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright;
(c) thing, invention, design, system, work or process that is the subject of a patent, registered design or copyright or any other Intellectual Property Right (or an adaptation, improvement, modification of such a thing, invention, design, system, work or process); or
(d) any proprietary rights in the Site.

9 LIMITATION OF LIABILITY

9.1 To the maximum extent permitted by law, we exclude all Warranties relating to the subject matter of these Terms, our Site and the use of our Services.
9.2 This exclusion includes loss or damage you might suffer because of any of the following:
(a) reliance on the completeness, accuracy, suitability or currency of the information contained on the Site or resulting from your use of the Services (including material, products or services provided by our Partners);
(b) failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
(c) accessing any sites or servers maintained by other organisations through links on the Site or any communication from our Partners. Links are provided for the convenience of users of the Site only and without responsibility for the content or operation of those sites (unless otherwise stated, linked sites and the services are not endorsed by us and your linking to any such site is at your own risk);
(d) the provision of credit card or other financial information, the failure to complete (or delay in completing) any transaction, or other loss or damage arising from any e-commerce transacted or attempted to be transacted on the Site (if any).
9.3 To the extent permitted by law, we disclaim all warranties, express or implied. We do not warrant that the Site will be uninterrupted or free from error or that any defects on the Site will be corrected or that the Site or servers are free of viruses or other harmful conditions or components.
9.4 To the maximum extent permitted by Law, the maximum liability for a breach of a condition or implied warranty which cannot be excluded, is limited to the maximum extent possible, at our option, to:
(a) the supply of products or services to you again; or
(b) the payment of the cost of having the products or services supplied to you again.
9.5 Our liability arising in connection with these Terms or the Platform is limited as follows:
(a) we exclude all liability for consequential, special, indirect or remote loss, including loss of opportunity, savings or business;
(b) our total maximum total liability arising in connection with these Terms is capped to the total amount of any financial benefit we have received as a result of providing your Service Lead to our Partners;
(c) our liability is excluded to the extent that you contributed to the liability;
(d) we exclude all liability for anything you have been aware of for longer than six months and you have not commenced a claim; and
(e) our liability is subject to your duty to mitigate your loss.
9.6 All subclauses of this clause 9 are cumulative to one another.

10 INDEMNITY

10.1 To the maximum extent permitted by law, you agree to release the Released Parties from all Loss or Claims arising out of or in any way connected with any Relevant Matter. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
10.2 To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless the Released Parties from any Loss or Claims arising out of or in any way connected with any Relevant Matter.
10.3 You agree to promptly notify us of any third-party Claims, cooperate with all Released Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, legal fees on a full indemnity basis). You agree not to settle any Claim without our prior written consent.
10.4 We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.
10.5 In this clause:
(a) “Released Parties” means us and our officers, directors, shareholders, agents, employees, consultants, associates, affiliates, subsidiaries, related parties, related body corporates, sponsors, and other third-party partners.
(b) “Relevant Matter” means anything in connection with:
(i) your access to or use of the Site, Services, and its Works;
(ii) any direct or indirect consequences of you accessing or using the Site and Services or entering into an agreement with our Partners;
(iii) any damage to person, property, personal injury or death;
(iv) your breach of these Terms;
(v) any matter for which we have purported to disclaim liability for under these Terms;
(vi) your breach or failure to observe any applicable law.

11 DISPUTES

11.1 You are solely responsible for any interactions or disputes that may arise out of you transacting or communicating with our Partners.
11.2 If a dispute arises out of or relates to the Terms as between us and a user (“Dispute”), 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).
(a) Compulsory process. A Party shall not start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a Dispute unless it has complied with this clause.
(b) Notification. A Party claiming that a Dispute has arisen shall notify each other party to the Dispute giving details of the Dispute.
(c) Initial period – efforts to resolve Dispute. During the 30-day period after a notice is given (or longer period agreed in writing by the Parties to the Dispute) (“Initial Period”) each Party to the Dispute (“Disputant”) covenants with the other to cooperate and take all reasonable steps necessary to attempt to resolve the Dispute.
(d) Mediation. If the Disputants are unable to resolve the Dispute within the Initial Period, each Disputant agrees that the Dispute shall be referred for mediation, at the request of any Disputant, to:
(i) a mediator agreed on by the Disputants; or
(ii) if the Disputants are unable to agree on a mediator within seven days after the end of the Initial Period, then the Parties must submit the dispute for mediation through the Chair of Resolution Institute (ACN 008 651 232) or the Chair’s designated representative and the Resolution Institute Mediation Rules shall apply to the mediation.
(e) Role of mediator. The role of any mediator is to assist in negotiating a resolution of the Dispute. A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing.
(f) Information. Any information or documentation disclosed by a Disputant under this clause shall be kept confidential and may not be used except to attempt to resolve the Dispute.
(g) Costs of mediation. Each Disputant shall pay its own costs of complying with this clause. The Disputants shall pay equally the costs of any mediator engaged.
(h) Location, timing and attendance. The mediation will be held in Melbourne, Australia, within 30 days after expiry of the Initial Period. Each Disputant agrees to attend the mediation by a representative having full authority to resolve the dispute. At the mediation, each Disputant may be represented by one or more legal representative.
(i) Failure to resolve. If the dispute fails to resolve at mediation or if one of the Disputants fails or refuses to attend the mediation, the mediator will be requested to inform each Disputant in writing that the mediation has been terminated without resolution (“Mediation Termination Notice”). Upon receipt of Mediation Termination Notice, the dispute resolution process will be terminated. A party to a dispute will only be entitled to pursue other remedies available to it at law or otherwise, after receipt of Mediation Termination Notice.
(j) Confidentiality. All communications concerning negotiations made by the Disputants 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 the applicable law of evidence.

12 ADVERTISING AND LINKS

12.1 The Site may contain links and pointers to websites operated by third parties or Partner websites.
12.2 We do not control these linked websites and are not responsible for the contents of any linked website. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the site or the products or services provided at those sites.
12.3 Your access to any such website is at your own risk. You must contact the relevant third-party directly to enquire on that information prior to entering into a transaction in relation to the third-party products and services.

13 GENERAL

13.1 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
13.2 If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
13.3 These Terms are governed by the laws of the State and each party submits to the jurisdiction of the courts of the State and all courts of appeal therefrom.
13.4 Any waiver of any term on these Terms by us can only be done in express writing. Any failure on our part to enforce a term does not constitute a waiver and we reserve the right in relation to all breaches unless expressly stated otherwise.
13.5 The contents of these Terms constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of this agreement, whether orally or in writing.
13.6 A provision of these Terms which can and is intended to operate after its conclusion will remain in full force and effect – including without limitation clauses 2, 5, 7, 8, 9, 10, 11, 13 and all disclaimers, indemnities and releases.

14 OUR DETAILS

14.1 This Site is operated by us, Nutshell Media Pty Ltd (ACN 641 571 146).
14.2 Our principal place of business is at Level 11, 484 St Kilda Rd, Melbourne 3004.
14.3 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) by email at [email protected]
14.4 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.

© 2020 Nutshell Media Pty Ltd. ALL RIGHTS RESERVED.

Disclosure

LAST UPDATED: 26/10/2020
We believe fairness and transparency are important and power the decisions we make. This includes how we gather and respect your personal information. We’ve written this online Privacy Policy to empower and inform you about your privacy while on our website.

Privacy Policy last updated 16 June 2020

1 ABOUT THIS PRIVACY POLICY

1.1 Thank you for using our website located at comparefuelcards.co.nz and any other site or social media account under the name “comparefuelcards.co.nz” (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.
1.3 Our Privacy Policy sets out how we collect, use, store and disclose your Personal Information, and constitutes part of our Terms and Conditions available here (“Terms”). By using the Site, you:
(a) consent to the collection, processing, and management of Personal Information as described in this Privacy Policy.
(b) also agree to the Terms.
1.4 Please read this Privacy Policy carefully as it explains how we collect, store and use your Personal Information in accordance with the applicable Privacy Laws.
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.
1.6 We reserve the right to update the Privacy Policy from time to time. Any changes to the Privacy Policy will be effective from the date published on our Site.

2 DEFINITIONS

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.

3 PURPOSE OF THIS PRIVACY POLICY

3.1 This Privacy Policy details how we safeguard your Personal Information and our privacy obligations to you in compliance with the Privacy Laws. It will give you an understanding of:
(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:
(a) name;
(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.
4.4 When you interact with the Site, we may collect Non-Personal Information. The limitations and requirements in this Privacy Policy on our collection, use, disclosure, transfer and storage/retention of Personal Information do not apply to Non-personal Information. When you use the Site or otherwise submit Personal Information to us, we may associate other Non-personal Information (including Non-personal Information we collect from third parties) with your Personal Information. At such instance, we will treat any such combined data as your Personal Information until such time as it can no longer be associated with you or used to identify you.

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.
5.2 We may also receive Personal Information from third parties in connection with the supply of our Services. If we do, we will protect your Personal Information in accordance with this Privacy Policy.

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

7.1 We will only disclose your Personal Information to third-parties for the purposes described in this Privacy Policy.
7.2 We may disclose your Personal Information to any of our Partners, employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Privacy Policy.
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.
7.5 When we disclose your Personal Information to third-party service providers, we do so on the basis that your Personal Information is treated with confidence, and only used for the limited purpose of providing support to our Site, and in a manner consistent with this Privacy Policy.
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.

10 COOKIES

10.1 We use cookies on our Site. Cookies are small files that are stored on your computer or mobile device when you visit our Site to keep track of your actions and preferences.
10.2 We use cookies and similar technologies:
(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.

© 2020 Nutshell media Pty Ltd. ALL RIGHTS RESERVED.