Privacy Policy and Terms of use

1. Over-riding Policy and Privacy Principles

Adrian Baillargeon Pty Ltd (“Us”, “We” or “Our”) respects an individual’s right to personal privacy and is committed to complying or exceeding the standards set out in applicable privacy legislation.  

The Privacy Act 1988, as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012, sets out 13 Australian Privacy Principles (“APPs”) which can be found on the website of the Office of the Australian Information Commissioner.

2. Collection and Use of Information

We collect personal information that is necessary in connection with Our dealings with you and to allow Us to provide our services to. Subject to the items set out below, We do not disclose your personal information with third parties without your prior consent.

From time to time, We may use your personal information:

(a) to send you news, invitations and information about our activities, services and general promotional materials;

(b) to maintain Our relationship with you;

(c) for purposes related to research, planning, website development, service enhancement, security and risk management; and

(e) to the extent required or authorised by law to do so.

By providing Us with your personal information you agree and consent to Our use of your personal information in the manner set out in this Privacy Policy. 

By providing Us personal information, you warrant that you are authorised to provide such information and that the information is, to the best of your knowledge, current and accurate and that the provision of such information is not in breach of any law of the jurisdiction in which you reside.

3. Security and anonymity

Once any personal information comes into our possession, We will take reasonable steps to protect that information from unauthorised access, loss, misuse, modification or disclosure. Where your personal information is provided to Us electronically (including over the internet) We cannot ensure or warrant the security of any information during transmission and you do so at your own risk.

You can choose not to provide Us with your personal information and We will respect any request to remain anonymous or have personal information de-identified however you agree that this may limit Our ability to provide the services you have requested. You can request to have your personal information de-identified or destroyed at any time by contacting Us.

We comply with the Notifiable Data Breaches Scheme (NDBS). If there is unauthorised access to your personal information and it is likely that serious harm will result, We will take steps to prevent that harm. If we are not able to prevent that serious harm, you will be notified by Us directly. We will also notify the Office of the Australian Information Commissioner. 

4. Access to information

If you wish to request access to any personal information which We may hold about you as a result of Our information collection practices set out in this Privacy Policy, please contact Us at info@adrianbaillargeon.com. We will deal with your request promptly and in accordance with the requirements of the APPs.

A reasonable access fee may be charged to cover Our costs of providing the information to you unless the request is solely to correct personal information about you which We hold (in which case no access fee will apply).

5. Variation 

This Privacy Policy may be varied by Us from time to time as published on this website or by notice to you. 

You agree that the Privacy Policy as so varied will apply to Our collection and use of your personal information.

6. Miscellaneous

Nothing in this Privacy Policy shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any obligation or right implied by law (including, without limitation, the Privacy Act 1988 (Cth)) and which by law cannot be excluded, restricted or modified.

Headings used in this Privacy Policy are for convenience only and shall be ignored in construing this Privacy Policy.

References to any document (including this Privacy Policy) are references to that document as varied, amended, consolidated, supplemented, novated or replaced from time to time. 

References to any law are references to that law as amended, consolidated, supplemented or replaced from time to time.

7. Contact details

If you wish to comment on or query our Privacy Policy, or if you wish to make an inquiry or correction regarding any personal information relating to you which may be in Our possession, or if you have a complaint, please contact us by email at info@adrianbaillargeon.com.

TERMS AND CONDITIONS OF USE

INTRODUCTION

1. These Terms and Conditions of Use govern your use of this website and applications, including all subpages (“Site”). The owner of this Site is Adrian Baillargeon Pty Ltd, referred to as “we”, “us”, or “our”.
2. Your access or use of our Site (including providing information to us via the Site) is your acknowledgement that you agree to abide by, and be bound by, these Terms and Conditions of Use, our Privacy Policy and any other policies, notices, representations or additional terms and conditions as published and made available on the Site. If you do not accept these Terms and Conditions of Use, please leave the Site and discontinue use of our services immediately.

CHANGES TO THESE TERMS AND CONDITIONS OF USE

1. We may, at any time, change or modify these Terms and Conditions of Use without notice and/or our policies published on this Site from time to time. Any subsequent access to, or use by you of the Site will constitute an acceptance of those modifications.

GENERAL INFORMATION

1. Links to other websites are provided for convenience only, and are not an endorsement by us of any product or service. We will not be responsible for the content of any other website accessed via the Site. 
2. The Site may from time to time use computer programs or analytics services created by us or provided by third parties and may use software known as ‘cookies’ to record your visit to the Site and collect information which may be used to administer and improve the Site and to provide services to you. The information we may collect includes your server address, the type of operating system you use, your top level domain name, the date and time of access to the Site, pages accessed and documents downloaded, whether you have visited the Site before and the type of browser software in use. You may set your web browser to disable cookies when visiting the Site however some functions on the Site may be unavailable if you choose to do so. 
3. The information generated by cookies and used in the analytics about your use of our website will be transmitted to and stored on servers which may be in another country. We will use this information for the purpose of evaluating website traffic, your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. We may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Our behalf. 
4. Collection of information which is personal information is subject to our Privacy Policy. Our Privacy Policy can be accessed from the Site. 

INTELLECTUAL PROPERTY RIGHTS

1. Unless otherwise noted, all material, information and documentation on the Site is our copyright and must not be copied, used or amended in whole or part without our express permission. All trademarks, whether registered or not, appearing on the Site are the property of us or their respective owners, as the case may be.
2. All material featured on the Site, including any content, email communications, underlying source code and software, is owned or used under license by us and is protected by copyright, design law, patent, trade mark or other intellectual property law as the case may be. You agree that information and materials on the Site are for personal use only and may not be sold, redistributed, exploited or used for any purpose other than your personal use unless first agreed in writing with us.
3. In relation to your use of or participation in any information uploaded onto the Site or interactive facility with the Site (e.g. reviews) you agree to the following:
4. You are legally responsible for all content you submit to or via the Site;
5. You grant us a royalty-free, perpetual right to use, exploit, reproduce, modify, publish, distribute, create works from, communicate to the public, or use for any purpose your posting, content or rating in any form;
6. You waive any moral rights you may have in that content;
7. We reserve the right to refuse access to any person or edit or delete material posted by any person where we form the view that the content is inaccurate, defamatory, injurious or inappropriate;

LIMITATION OF LIABILITY

1. To the extent permitted by law, we will not be liable for any loss or damage from any cause (including negligence) to you or your property (including any website you operate and computer system), or to people linking to us from your website(s), caused by or in connection with your use of or link to the Site. If you create a link to the Site, you remain fully responsible for any consequences of that link, whether direct or indirect and you will protect us against all loss, damage, liability, cost or expense arising from or in connection with the link. You expressly agree that your use of the Site is at your sole risk.
2. The information provided by us on the Site is provided without warranties of any kind, either express or implied, other than those warranties which are incapable of exclusion, restriction or modification under applicable laws. Specifically, we do not warrant the accuracy, adequacy or completeness of information contained on the Site, nor do we undertake to keep the Site updated. 
3. We and our agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on our Site. Whilst we strive to provide high quality data and to keep the information on our Site accurate, complete and up to date, we cannot guarantee, and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of the information.
4. To the maximum extent permitted by law and notwithstanding any other provision of these Terms and Conditions of Use, we will not be liable in any way to you or anyone else for any loss, expense, liability, claim, damages (including without limitation, indirect, special or consequential loss or damage), loss of income, data, contract, tort, profit, or loss of opportunity, arising out of your use or inability to use, or access, the Site or any of the services or in relation to any content or information obtained through the Site, whether or not this is caused by a negligent act or omission by us or a third party.

INDEMNITY 

1. You agree to indemnify us, our officers, directors, employees and agents, and keep them indemnified, from and against all actions, claims, damages, obligations, losses, costs or debt, demands, expenses (including but not limited to legal fees) or liability arising in any manner from your use of the Site or a breach by you of these Terms and Conditions of Use.
2. You agree to take your own precautions to ensure that your use of the Site does not expose you to risk of viruses or other forms of interference which may damage your computer system. You acknowledge that there is risk of unauthorised access to or alteration of your transmission of data or information using the Site.

ALTERATION TO SITE

1. You agree not to transfer, or attempt to transfer, any material, viruses or code to the Site that could cause damage or harm to the Site or in any way impede the security of the Site. You may not attempt to alter the Site. You agree not to transfer, obtain, harvest or mine any data from the Site and you agree that you will not recklessly or intentionally change, remove, deface, hack or otherwise interfere with the Site or any material on the Site.

GOVERNING LAW

1. You agree that your use of the Site is governed by the laws of Victoria, Australia. Disputes arising in connection with the Site or these Terms and Conditions of Use will be subject to the non-exclusive jurisdiction of the courts of Victoria, Australia.