Terms & Conditions
At buildingSMART Australasia Ltd. (”we”, “our” or “us”), we respect the right to privacy, and we are committed to safeguarding the privacy of our members and our website visitors. We adhere to the Australian Privacy Principles (“APPs”) and other obligations contained in the Privacy Act 1988 (Privacy Act). “Personal information” is information we hold which is identifiable as being about an individual.
This policy covers our treatment of information, including personal information that we may gather when you access or use our service and also applies to your use of our website, products, and services (collectively, the “Services”), but not to the practices of companies we don’t own or control, or people that we don’t manage. We may gather various types of information from our users, as explained in more detail below, and we use this information for you to interact with our Services, internally in connection with our Services, including to personalize, provide, and improve our Services, to fulfil your requests for certain products and services, and to analyse how you use the Services. In certain cases, we may also share some personal information with third parties.
Collection of Personal Information
We will, from time to time, collect, receive, and store personal information provided via this website or in the course of our services, provided to us directly or given to us in other forms. You may provide basic information such as your name, phone number, address, and email address to us directly, to enable us to send information, provide updates and process a product or service.
We may collect additional information at other times, including but not limited to, when you provide feedback, or when you provide information about your personal or business affairs, change content or email preferences, respond to surveys and/or promotions or provide financial or credit card information.
What Personal Data We Collect
The types of personal information we may collect (collectively, the “Personal Data”) include:
identifying information such as name and company name;
contact information such as company address, email address, and telephone numbers;
financial information such as credit card details and billing address;
your survey responses, support queries, blog comments and social media handles;
IP addresses; and
You generally have the right not to identify yourself when dealing with us where it is lawful and practicable for us to allow it. However, on many occasions we will not be able to do this and provide our Services to you.
How We Collect Your Personal Information
We may collect personal information in a variety of ways, including when you interact with us electronically, when you visit our website and when we provide our services. We may receive personal information from third parties. If we do, we will protect it as set out in this policy. We collect information that you provide directly to us or via third parties. For instance, during a skill assessment you provide us with personal information such as your first name, last name, and email address.
Additionally, there may be instances where you find it necessary to communicate directly with us or where you have provided us with the means to communicate with you. For example, if you have given us your email address, we may notify you of any changes to contractual terms or services, email you about your use of the services, or use it for administrative communications that are reasonably necessary to the services, such as a confirmation or service notifications. This data helps us to improve our services.
We may also collect personal information from you via surveys, interviews, and other voluntary submissions. Personal Information collected in this manner will be subject to this policy.
How We Use Your Personal Information
We may use personal information to provide you with information, updates, and our services. We may also make you aware of new and additional products, services, and opportunities available to you, provided by us, partners and service providers. We may use personal information to improve our products and services and better understand individual and customer needs on a de-identified and aggregated basis. We may also use your personal information in an aggregated and anonymised form for statistical purposes, delivery of and improvements to our services, marketing, and reports to third parties.
Disclosure of Personal Information
We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers, customers, users, or subcontractors insofar as reasonably necessary for the purposes set out in this policy. Personal information is only supplied to a third party when it is required for the delivery of our services, the purposes set out in any contractual arrangements we have with you or for marketing purposes.
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.
We may also use personal information to protect our copyright, trademarks, legal rights, property, or safety, and that of our customers or third parties.
Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia. It is not practicable to list all the countries in which the information we collect may be located, but these may include the United States and Europe.
If there is a proposed or actual change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
By providing us with personal information, you consent to the terms of this policy and the types of disclosure covered by this policy. Where we disclose personal information to third parties, we will request that the third party follow this policy regarding handling of personal information.
Security of Personal Information
We are committed to ensuring that personal information provided 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 information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure. Although we take measures to safeguard against unauthorised disclosures of information, we cannot provide an assurance that in all cases personal information that we collect will not be disclosed in a manner that is inconsistent with this policy.
Access to Personal Information
You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act. A small administrative fee may be payable for the provision of information. If you are seeking a copy of the information that we hold about you or you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, you may contact us by using the form in the contact section of the site. We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.
We will only use your information for direct marketing (advertising, special offers, updates etc.) if you have given express or implied consent to receive it. By agreeing to our Terms & Conditions you give express consent to receive these types of communications. We will only send you direct marketing communications that are consistent with our obligations under Australian Privacy Principle 7 and the Spam Act 2001. Please contact us by using the form in the Contact Us section to request an opt-out of these communications and we will respond to an opt-out request within a reasonable period.
Complaints about Privacy
If you have any complaints about our privacy practices, please feel free to send in details of your complaints to us by using the contact us form in our Contact Us section. We take complaints very seriously and will respond to any complaint within a reasonable period.
Changes to this Policy
Please be aware that we may change this policy in the future. We may modify this policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website. Please check back from time to time to review our policy.
When visiting this Website
When a user visits our website buildingsmart.org.au we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how users use our site, such that we can improve our service.
When you access our services via your mobile device or computer, we may automatically collect information about your device or computer, including unique device identifiers, operating system, hardware model, etc.
Our website may from time to time have links to other websites not owned or controlled by us. These links are meant for users’ convenience only. Links to third party websites do not constitute sponsorship, endorsement, or approval of these websites. Please be aware that we are not responsible for the privacy practises of other such websites. We encourage users to be aware, when they leave our website, to read the privacy statements of every website that collects personal identifiable information.
Terms & Conditions
Your use of the buildingsmart.org.au website (this “website”) owned by buildingSMART Australasia Ltd. (“we”, “our” or “us”) is subject to:
our Disclaimer; and
these Terms and Conditions displayed on this website (collectively “website terms”).
By using this website, you will be deemed to accept the website terms and agree to be bound by them.
Changes to the Website Terms
We may change the website terms from time to time by publishing an updated version on this website. By continuing to use this website you will be deemed to accept the updated website terms and agree to be bound by them.
No Warranties or Representations
To the maximum extent permitted by law, we do not represent or warrant that the content on this website is accurate, reliable, suitable, or complete. Although we use reasonable care and skill in providing this website, we cannot promise that this website will be continuously available or virus or fault free.
Our Liability to You
Except as set out under this section, we may be liable to you for breach of contract or negligence under the principles applied by the courts. We are not liable for any loss or damage to the extent that it is caused by you. To the maximum extent permitted by law, we exclude any liability to you that may otherwise arise as a result from your use of this website in connection with any business purpose. If we are not entitled by law to exclude liability arising from breach of a statutory duty or other legislation, then to the extent we are permitted to do so we limit that liability to resupply of the services, information or links and associated services, as the case may be.
Your Liability to Us
You are liable to us for breach of the website terms or negligence under the principles applied by the courts. You are not liable to us for any loss to the extent that it is caused by us.
No Waiver for Breaches
If we do not act in relation to a breach of the website terms by you, we do not waive any rights to act in relation to that breach or any later breach by you. If you do not act in relation to a breach of the website terms by us, you do not waive any rights to act in relation to that breach or any later breach by us.
The website terms are governed by the law in force in the State of New South Wales, Australia.
This copyright applies to the buildingsmart.org.au website owned and operated by buildingSMART Australasia Ltd. (“we”, “our” or “us”).
All copyright and other intellectual property rights subsisting in this website and the material on this website are owned or licensed by us and protected by the laws of Australia and other countries. You are authorised to view this website and its content using your web browser or, where expressly invited to do so, to share certain content on social media. You must not otherwise reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on this website, except as permitted by statute or with our prior written consent.
Our Trade Marks
This website includes registered trademarks and trademarks which are otherwise protected by law including, but not limited to the word buildingSMART Australasia and the buildingSMART Australasia logo. You may not use any of these trademarks, the name “buildingSMART Australasia Ltd.” or the name of any of our related companies without our prior written consent. All other trademarks mentioned in this website are the property of their respective owners.
Links to Third Party Sites
This website may contain links to third party websites. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the sites or the information, products or services provided at those sites. You access those sites and use the information, products and services made available at those sites solely at your own risk.
Linking to this Website
You may create a link to pages of this website. However, you must not:
display any page of this website in any distorted or altered form;
create a link to this website on any site unless that site conforms to accepted standards of public decency and good taste, does not expose us to any risk of liability under any criminal or civil law (including liability arising from the infringement of a third party’s rights) and does not disparage us or our goods or services; or
create any link or use any link in any way to represent or imply falsely, deceptively, or confusingly that:
we sponsor, endorse, or are affiliated with or related to any third party (including you) or product; or
you are providing, or are the source of, any goods or services provided by us.
We reserve the right to withdraw linking permission by giving notice to you or updating this copyright. You agree to indemnify us against all actions, claims, costs, demands, damages, or liability arising in any manner from any link that you create.
The information contained on the buildingsmart.org.au website (this “website”) is for general information purposes only.
While we endeavour to keep the information provided by this website up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to this website or the information, products, services, or related graphics contained on this website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
We sometimes link to other websites which are not under the control of our editorial board. We have no control over the nature, content, and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep this website up and running smoothly. However, we take no responsibility for, and will not be liable for, this website being temporarily unavailable due to technical issues beyond our control.