Privacy Policy & Disclaimer

Privacy Policy

This privacy policy applies between you, the use of this website (Site), and us, the owner and provider of this website (KBP Corporation Pty Ltd). This privacy policy applies to our use of any and all data collected by us or provided by you in relation to your use of the website and/or the provision of our services to you.

We take our privacy obligations seriously and we’ve created this privacy policy to explain how we collect and treat your personal information, that is information we hold which is identifiable as being about you. We comply with the National Privacy Principles established by the Privacy Act 1988 (Cth).

Types of Personal Information we collect

The types of personal information we may collect about you include:

  • your name;

  • your contact details, including email address, mailing address, street address and/or telephone number;

  • your preferences and/or opinions;

  • details of products and services we have provided to you and/or that you have enquired about, and our response to you;

  • your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour;

  • information about your access and use of our Site, including through the use of Internet cookies, your communications with our Site, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider;

  • additional personal information that you provide to us, directly or indirectly, through your use of our Site, associated applications, associated social media platforms and/or accounts from which you permit us to collect information; and

  • any other personal information requested by us and/or provided by you or a third party.


How we collect personal information

We may collect these types of personal information directly from you or from third parties, including where you:

  • contact us through on our website;

  • communicate with us via email, telephone, SMS, social applications (such as LinkedIn, Facebook or Twitter) or otherwise; and

  • interact with our website, social applications, services, content and advertising.

 

Use of personal information

We may collect, hold, use and disclose personal information for the following purposes:

  • to enable you to access and use our Site, associated applications and associated social media platforms;

  • to contact and communicate with you;

  • to provide property related services, information and advice;

  • to improve and optimise our service offering and customer experience;

  • for internal record keeping and administrative purposes;

  • for analytics, market research and business development, including to operate and improve our Site, associated applications and associated social media platforms;

  • to run competitions and/or offer additional benefits to you;

  • for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you;

  • seeking voluntarily response to questionnaires, surveys or market research to seek your opinion and feedback;

  • seeking consent in relation to publications of reviews and testimonials; and

  • to comply with our legal obligations and resolve any disputes that we may have.

 

Disclosure of personal information to third parties

We may disclose personal information to:

  • third party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators;

  • our employees, contractors and/or related entities;

  • our existing or potential agents or business partners;

  • sponsors or promoters of any competition we run;

  • anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;

  • credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;

  • courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;

  • third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of Australia; and

  • third parties to collect and process data, such as [Google Analytics or other relevant businesses]. This may also include parties that store data outside of Australia.

 

When we disclose personal information to third parties, we only disclose as much data as the third party needs to know for the specific purpose. By providing us with personal information, you consent to the disclosure of your personal information to third parties who reside outside Australia and acknowledge that we seek confirmation that such service providers comply with the Australian Privacy Principles, European Union General Data Protection Regulation, or are subject to a binding law or scheme that offers substantially similar protection.


If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

 

How we treat personal information

The Information that is provided to us is stored on computer and paper based files as appropriate. We endeavour to keep all Information safe by taking all reasonable precautions to protect information from misuse, loss and unauthorised access, modification or disclosure. We process the data in a manner that is lawful, fair and transparent. We only use the data for legitimate purposes related to our services and do not sell personal information. We limit the use of data to only what is necessary and process the data to maintain integrity and accuracy. Once personal information is no longer required, we securely dispose of the data.


How we treat personal information that is also sensitive information

Sensitive information is a subset of personal information that is given a higher level of protection under the Australian Privacy Principles. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information. We do not collect or store sensitive information.


Your rights and controlling your personal information

Choice and consent: Please read this Privacy Policy carefully. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of this Site or the products and/or services offered on or through it. We will confirm your agreement by asking for your consent to control and process personal data when requesting personal data.

Individuals under 16 years of age cannot consent to the processing of personal data, and consent must be granted by their parent or guardian.


Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Restrict: You may choose to restrict the collection or use of your personal information.  If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.


Access and portability: You may request details or copies of the personal information that we hold about you.  An administrative fee may be payable for the provision of such information.


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 1988 (Cth).


Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.


Erasure: You may request for your personal information to be erased or a restriction placed on how it is to be used. We will process this request if the data is no longer needed for the original reason it was collected.


Complaints: If you believe that we have breached the Australian Privacy Principles and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint.


Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.


Storage and security

We take reasonable steps to ensure your personal information is secure and protected from misuse or unauthorised access. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.


We cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

Cookies and web beacons

We may use cookies on our Site from time to time. Cookies are text files placed in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our Site with personal information, this information may be linked to the data stored in the cookie.


We may use web beacons on our Site from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.


Links to other websites

Our Site may contain links to other websites. Those links are provided for convenience and may not remain current or be maintained. We are not responsible for the privacy practices of those linked websites and we suggest you review the privacy policies of those websites before using them.


Amendments

We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our Site. Your Business Security Pty Ltd clients will be contacted and notified of any such changes to our Privacy Policy however we recommend you check our Site regularly to ensure you are aware of our current

Privacy Policy.


For any questions or notices, please contact our Privacy Officer at:

KBP Corporation Pty Ltd

Email: coaching@kerrieotto.com

Last update: March 2022


 

Conditions of use

Our site’s (Site) is operated by KBP Corporation Pty Ltd (we, our or us).  It is available at: kerrieotto.com and other places.

Consent: By accessing and/or using our Site, you agree to these terms of use and our Privacy Policy (available on our site). (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.


Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.


Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms.  All other uses are prohibited without our prior written consent.

Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

  1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;

  2. using our Site to defame, harass, threaten, menace or offend any person;

  3. interfering with any user using our Site;

  4. tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;

  5. using our Site to send unsolicited email messages; or

  6. facilitating or assisting a third party to do any of the above acts.

 

Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.


No commercial use: Our Site is for your personal, non-commercial use only. You must not use our Site, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining a licence to do so from us.


Information: The Content is not comprehensive and is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and it is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law. Images and artists impressions are for illustrative purposes only. 


Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:

  1. copy or use, in whole or in part, any Content;

  2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

  3. breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

 

Force Majeure
We will be under no liability to you in respect of anything which may constitute a breach of these Terms arising by reason of force majeure, or circumstances beyond our control including, but not limited to, acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, war, terrorism, civil commotion or civil authority, including acts of local government and parliamentary authority, inability to supply the Services, telecommunications failure, materials, breakdown of equipment and disputes of whatever nature and for whatever cause arising including, but without prejudice to the generality of the foregoing, work to rule, overtime bars, strikes and lock outs.

 

User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site.  By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site.  You represent and warrant that:

  1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

  2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Third party sites: Our Site may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites.  You should make your own investigations with respect to the suitability of those websites and check their privacy policy before using these sites.

 

Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part.  We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

  1. they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

  2. access will be uninterrupted, error-free or free from viruses; or

  3. our Site will be secure.

 

You read, use and act on our Site and the Content at your own risk.

 

Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

 

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

 

Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

 

Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

 

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

 

Jurisdiction: Your use of our Site and these Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

 

Our Site may be accessed throughout Australia and overseas.  We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

 

For any questions and notices, please contact us at:

KBP Corporation

Email: coaching@kerrieotto.com

Last update: March 2022