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AVJennings - AVJennings Privacy Policy & Terms




AVJennings Privacy Policy and Terms of Use of Website

AVJennings Privacy Policy

The AVJennings Limited privacy policy describes how the Company and its related entities (“the Company”) comply with privacy legislation and the Australian Privacy Principles.

Collection of information

The Company operates the business of residential land and housing development..

The Company collects personal information about individuals in order to carry out its business. Sometimes we may use agents or service providers to do this for us although the information will be provided by you and you will be made aware that the information is for the Company. The primary purpose for the collection of personal information is to enable the Company to provide you with information about our products and services, or to communicate with, its customers, suppliers, subcontractors and investors.

Guidelines for the collection of personal information

Personal information collected from customers, suppliers, subcontractors and investors must be relevant and appropriate for the operation of the business.

Where practical it is the Company’s policy to collect information from the individual concerned. The Company could, in particular situations, collect personal information about individuals’ personal preferences to assist it in its marketing initiatives.

From time to time the Company may employ third parties to monitor the effectiveness of its advertising or marketing initiatives. Any information so collected will be anonymous and will not identify people.

Information collected is only used for the purposes of a particular transaction, contract, or for use within the Company for its marketing initiatives or communications with the individual concerned. We do not collect sensitive information.

How personal information is collected

Personal information is generally collected through the following means:

  • an application form
  • the Internet
  • a questionnaire or survey
  • a contract or order with the Company
  • a telephone or personal inquiry

The information collected is used only for the prime purpose underlying its collection and for use within the Company or to communicate with individuals.

Types of Information collected

The types of information collected will generally consist of your name, address, contact details and buyer profile (eg first home buyer, investor, your budget, product preferences and timing preferences).

Additional information about personal information collected over the Internet

Personal information is collected in the following situations:

  • When an individual registers with the Company to receive information
  • When an individual requests information using the e-mail links provided on the Company’s website
  • As a result of an individual’s use of the website
  • In other instances (such as through an inquiry form or user survey)

Personal Information collected over the Internet or via the Company’s website may include an individual’s name, e-mail address, user identification, password and other information collected by our cookies (described below). It may also include information which the individual chooses to provide in the process of submitting questions and answers whilst interacting or corresponding with the Company via the website.

The Company may also collect personal information at the website through cookies. Cookies are very small text files placed on the individuals hard drive by the Company’s or other computer servers. A cookie serves as an individual’s identification card whilst on the site and is unique to that person. Only the server that gave it to the individual can read the cookie. Cookies tell the Company that an individual has returned to a specific page on the website and helps the Company track transactional habits and preferences. They help the Company personalise a customer’s experience at the website by permitting the computer to remember who the individual is.

Most web browsers are set by to default to accept cookies. If an individual does not wish to receive cookies he or she may set their browser to prompt them about cookies or to refuse to accept cookies. Rejecting cookies may interfere with their use of the site.

The Company’s use of your personal information

  • The Company uses personal information to assist in providing our products and services, to respond to existing and potential customer queries and to complete any dealings the Company has with them. Generally the information supplied by us will relate to the Company’s products and services. The Company may also provide information about promotions and other products which it thinks may be of interest.
  • The Company uses personal information for operational purposes in relation to transactions with its suppliers and sub contractors and others.
  • The Company uses personal information about its shareholders and personal investors for share registry purposes and to track investor interest.


The Company’s disclosure of personal information to third parties

Parties to whom the Company may disclose personal information include:

  • The web or server provider for the Company’s website
  • Consultants, including solicitors or real estate agents acting on the Company’s behalf.
  • Corporate affiliates
  • Valuers
  • Related parties or entities for marketing purposes.
  • Parties to whom the Company has outsourced various functions e.g. share registry.
  • The Company’s email and research providers, which are based in the US.
  • Regulatory or other authorities as required by law or when deemed advisable by the Company to conform to legal and regulatory requirements and to protect the safety, rights and property of users of the site and the public.

The information is provided to third parties to enable the Company to provide its products and services or to satisfy legal requirements which apply to us. The third parties are under the same obligations as the obligations set out in this privacy policy.

Access and Correction

The Company will take reasonable steps to ensure that all personal information it holds is accurate, complete and up to date.

Individuals have the right to seek access to the personal information which is held about them and to ask for correction if they consider it to be inaccurate, incomplete or out of date. The Company realises it is important to individuals to be able to control their personal details. Should an individual wish to find out about personal information held they should contact one of the contact points listed at the end of the policy.

In the first instance the Company will generally provide the individual with a summary of the information held about them. The Company will assume (unless told otherwise) that the request relates to current records. These current records may include personal information on its databases and in paper files, which may be used by the Company on a day to day basis.

To provide access to personal information the Company would ordinarily provide a printout of the relevant personal information from its database or photocopies of records that are held on paper files. If the personal information e.g. name and address is duplicated across different databases the Company will generally provide one print out of this information rather than multiple printouts. Ordinarily the Company will not charge for the cost of providing access to this type of record.

For legal and administration purposes the Company may also store records containing personal information in its archives. An individual may seek to access non-current records held by the Company. In that case the Company may charge for the cost of providing access.

Complaints

An individual may complain if they believe the Company has breached any of the Australian Privacy Principles. They may do so at first instance by contacting one of the contact points at the bottom of this document. Any complaint will be investigated and the Company will subsequently respond to the individual.

Security of information

The Company will take reasonable steps to protect an individual’s personal information whether collected on line or by other means. For on line information, technology such as encryption, access, control procedures, firewalls and physical security will be used. For information held in paper files reasonable steps will be taken to ensure that only authorised personnel have access to the information. Where information is stored on machines, the Company will ensure that the information is removed prior to disposal of the machine.

Investors /Shareholders in the Group

The Company has outsourced its Australian Share Registry function to Boardroom Pty Limited. They have a privacy policy about the type of information they collect on behalf of the Company and to whom they disclose such information. Their policy may be viewed online. Their privacy officer may be contacted as below:

privacyofficer@boardroomlimited.com.au

Boardroom should be contacted if a shareholder has a complaint about privacy, would like details of the personal information held or would like to correct it. For shareholder protection, Boardroom’s internal procedures must be satisfied before they will disclose personal information. If a shareholder/investor is not satisfied by Boardroom’s response to their concern they should contact the AVJennings Company Secretary.

The Company has outsourced its Singaporean Share registry function to the Central Depository (Pte) Ltd (CDP) in Singapore. The shareholders on this registry are predominantly Singapore based. The CDP’s policy is to only disclose personal information on individual shareholders to the Company or to the individual shareholder concerned. Apart from the above, the Company would not normally disclose information to an overseas recipient.

Changes to this Privacy Policy

The Company may make changes to this privacy policy from time to time. It will post changes to the policy on its website, so be sure to check periodically.

This policy was issued on 6 May 2014.

Contacting AVJennings about privacy issues

Individuals with questions or comments about this policy or about how the Company has handled personal information should contact the Company Secretary on:


Telephone: 03 8888 4800
E-mail: privacy@avjennings.com.au
Letter:


 
Company Secretary
AVJennings Limited
Level 4, 108 Power Street
Hawthorn VIC 3122


AVJennings Terms of Use of Website


1. The Terms and Conditions

(a) Please read these terms and conditions carefully as they apply to your use of the AVJennings web site (Site). By using this Site you agree to be bound by these terms and conditions.

(b) This Site is intended for residents of Australia only. We have no responsibility to any person using this Site who is not a resident of Australia.

(c) Your use of some parts of the Site may be governed by additional terms and conditions. Where this is the case, you will be notified accordingly, and those additional terms and conditions:

 

(i) will apply to your use of those parts of the Site in addition to these terms and conditions;and

(ii) will prevail over these terms and conditions to the extent of any inconsistency.


2. Services

(a) You acknowledge that we may, in our sole discretion and with or without notice:

(i) vary the Site or any part of the Site; and

(ii) modify or discontinue this Site, any part of the Site and the services available on it.


3. Variations


(a) We reserve the right at any time to vary or amend these terms and conditions or any specific terms and conditions which relate to the use of some parts of the Site.

(b) The amendments to terms and conditions referred to in paragraph (a) will be treated as (at our sole discretion):

(i) amendments to these terms and conditions; or

(ii) the introduction of, or amendments to, terms and conditions which govern any part of the Site, and those new or amended terms and conditions will be posted on the Site. The new or amended terms and conditions are effective as soon as they are posted, and your continued use of the Site will indicate your acceptance of the new or amended terms and conditions.


4. Site Content

(a) Content on the Site is subject to copyright and possibly other intellectual property rights (Intellectual Property Rights). In particular, floor plans, facades and design treatments are protected by copyright and you may not use any that you find on this Site in the construction of any building without our written consent.

(b) Unless you are expressly authorised by law you must not yourself, or allow any other person, to:

(i) sell, reproduce, distribute, modify, display, publicly perform, prepare adaptations based on, repost or otherwise use any Content in any way for any public or commercial purpose without our prior written consent; or

(ii) reverse engineer any Content consisting of downloadable software; or

(iii) otherwise infringe the Intellectual Property Rights of any person in using the Site or any Content

(c) Nothing you do on or in relation to the Site will transfer any Intellectual Property Rights to you or licence you to exercise any Intellectual Property Rights unless this is expressly stated.


5. Your Use of the Site

You must not:
 

(a) disrupt or interfere with the Site or servers or other software, hardware or equipment connected to or via the Site;

(b) violate any Applicable Law relating to your use of the Site; or

(c) collect or store personal data about other users of the Site.


6. Third Party Providers

(a) You acknowledge that:

(i) parts of the Site; and

(ii) some of the Content, may be provided or maintained by Third Party Providers and not by us.

(b) Your correspondence or dealings with any Third Party Provider are solely between you and that Third Party Provider, and you agree that we will not be liable or responsible for any loss or damage of any sort incurred as the result of those dealings.


7. Links and Advertisements

(a) We have not reviewed all of the sites linked to this Site and are not responsible for the content or accuracy of any off-site pages or any other sites linked to this Site (including without limitation sites linked through advertisements or through any search engines).

(b) Your correspondence or dealings with, or participation in promotions of, advertisers on the Site are solely between you and those advertisers.

(c) We will not be liable or responsible for any loss or damage of any sort incurred as the result of any dealings or as the result of the presence of advertisements on the Site.


8. Personal Information and Cookies

(a) In using the Site you may give us Personal Information. You have certain rights in this Personal Information. By using this Site you grant us the consent to use your personal data in accordance with our Privacy Policy.

(b) During your use of the Site, we may issue to and request from your computer blocks of data known as "cookies". You must not alter any cookies sent to your computer from the Site and you must ensure that your computer sends correct and accurate cookies in response to any relevant request from the Site.


9. The Use of the Site Is At Your Risk

(a) You use the Site at your risk. You must evaluate, and bear all risks associated with, the use of any Content, including reliance on the accuracy, completeness or usefulness of any Content. In particular, where any Content includes information relating to property or investments, that information is provided for information purposes only. It should not be used as a substitute for professional legal, financial or real estate advice. You should seek your own independent advice with respect to any Content.

(b) We endeavour to provide a convenient and functional Site, but we do not guarantee that Content will be error free or that the Site or the server that operates it are free of viruses or other harmful components. In particular, we do not represent that buildings we construct based on floor plans, facades or design treatments shown on this site will conform exactly to those floor plans, facades or design treatments.

(c) If your use of the Site results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for those costs.

(d) Using the Site, the Content and any of the information on the Site in connection with any transaction does not give you or any other party a right to a fee, commission or any other form of payment from any person, including AVJennings.


10. Limitation of Liability

(a) Without limiting the above provisions, everything on the Site is provided to you "as is" and "as available" without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under any Applicable Law.

(b) Nothing in these terms and conditions excludes, restricts or modifies any condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified, which may include Part V of the Trade Practices Act 1974 (Cth) and equivalent State or Territory legislation.

(c) If any condition or warranty is implied into this agreement under the Trade Practices Act 1974 (Cth) or any equivalent State or Territory legislation and cannot be excluded, and we are able to limit your remedy for a breach of such a condition or warranty, then our liability for breach of the condition or warranty is limited to one or more of the following at our option:

(i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or

(ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

(d) Subject to our obligations under the implied conditions and warranties referred to in paragraph (a), our maximum aggregate liability for all claims under or relating to these terms and conditions or their subject matter is limited to A$100. In calculating our aggregate liability under this clause, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by us for a breach of the implied conditions and warranties referred to in paragraph (c).


11. Notices


(a) We will give you any necessary notices by posting them on the Site. You agree:
 
(i) to check the Site for notices; and

(ii) that you will be considered to have received a notice when it is made available to you by posting on the Site.


12. General Provisions


(a) If any part of this agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.

(b) This agreement will be governed by the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria.

(c) You agree to defend, indemnify, and hold harmless us, our officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site or the Content or your breach of this agreement.


13. Definitions

Any terms defined in the AVJennings Privacy Policy relating to this site have the same meaning in this document as they do in that Privacy Policy.

Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing:
 

(a) any law, rule or regulation of any country (or political sub-division of a country)

(b) any obligation under any licence in any country (or political sub-division of a country); and

(c) any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).


"AVJennings", "we" or "us" means AVJennings Limited ABN 44 004 327 771.

Content includes things that you may see, read, hear, download or access on or via the Site (including but not limited to messages, files, data, software, images, photographs, illustrations, text and other materials).

Third Party Provider means any person other than us who provides Content to the Site or operates the Site or a part of the Site, or other Internet sites you may view or access through the Site.