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Legal

Website terms of use

Ownership of Websites

The website domains bigstone.com.au, bigstonecapital.com.au, bigstone.co, bigstone.loans, bigstone.investments and bigstone.market (the Websites) are owned and operated by Bigstone Capital Pty Ltd ABN 44 603 289 658 (we, us or our).

 

Terms apply to use of Websites

These terms of use (Terms) apply to your use of the Websites and to any correspondence by email between you and us. Using the Websites indicates that you have read, understood, and agree to be bound by these Terms. If you do not accept these Terms, please do not use the Websites.

 

Privacy policy

Your access to the Websites is subject to our Privacy Policy, as well as any notices, disclaimers and other content published on the Websites. No part of these Terms is intended to override our Privacy Policy. Please read our Privacy Policy before providing us with any information.

 

Use of other services includes their Terms and Conditions

If you use any of the services accessible through the Websites for which additional terms and conditions are applicable, then you agree also to be bound by those relevant terms by using those services.

 

Variation of these Terms

We may, at our sole discretion, vary these Terms without notice. Any subsequent access to, or use by you of the Websites will constitute acceptance of the varied Terms.

 

Interference with Websites

You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this website or any material or content displayed on the Websites.

 

Collection of Information

We may collect and access your information from time to time for the purpose of providing or improving our services. We may collect your personal information from public sources, such as social media networks, and private sources, as well as from you.

We may also collect personal information as required or authorised by or under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), or any related regulations.

If we are required or authorised by or under a court or tribunal order to collect personal information about you, we will take reasonable steps to notify you as soon as practicable after the order.

You agree that we may disclose your personal information to credit reporting and rating agencies, debt collection agencies, any of our related bodies corporate and other third parties and contractors as part of providing our services or as required by law. However, we will not sell or disclose your personal information to advertisers or any person who is unrelated to the provision of our services without your consent.

 

Content

We own all rights to the Websites and content displayed on the Websites, including, but not limited to, the Bigstone logo, domain names, images, buttons, text, data, articles, design, source code, software, photos, images and other information (collectively, theContent). The Websites services, content, trademarks, service marks, trade names, images and logos are proprietary to or used by us with permission and are protected under the Copyright Act 1968 (Cth) and by other copyright laws in Australia and other countries.

You must not copy, adapt, reproduce, distribute, republish, display, post, upload to a third party, link to, frame, perform in public, distribute or transmit the Content in any form or by any means without our written consent.

Nothing on the Websites should be construed as granting, by implication or otherwise, any license or right to use any of the Content or trademarks displayed on the Websites, including by linking or framing, or in any networked computer environment for any purpose. You must not use any of our trademarks as part of a link to or from any site unless approved in writing by us in advance. You may, however, use a plain text link to our homepage on your website without the need for further permission from us.

 

Monitoring of Websites and Content

You acknowledge and agree that we have the right to monitor the Websites and Content and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Websites, or to users of the Websites. We have no obligation to do so.

 

Disclaimer

Neither we, nor any of our affiliates, providers or officers, directors, employees, agents, independent contractors or licensors (collectively the Bigstone Parties) guarantees the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the Content and we disclaim liability for any errors or omissions.

The Websites and Content is provided "as is", without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. The Websites may contain technical inaccuracies or typographical errors.

The Bigstone Parties do not warrant the results of your use of the Content or that the Websites are free of viruses or other harmful components. Use of the Websites is at your own risk. This does not affect those warranties which cannot be excluded or restricted under the applicable laws.

We may discontinue or make changes in the Content and the Websites at any time without prior notice and without any liability. Any dated information is published as of its date only, and the Bigstone Parties do not undertake any obligation or responsibility to update or amend any such information. We reserve the right to terminate any or all content, Websites offerings or transmissions without prior notice.

 

Third Party Websites

The Websites may contain links to web sites controlled, owned, or operated by third-party entities, organisations or people (theThird Party Websites). Links to Third Party Websites on the Websites are provided solely for your convenience, and are not endorsed by us. If you use these links, you leave the Websites. We have not reviewed, do not control and are not responsible for the Third Party Websites or their content or availability. We do not endorse nor make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the Third Party Websites, you do so entirely at your own risk.

 

Submissions

Any material you send to us on or via the Websites will be deemed to be non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, ideas or other information. We will be entitled to use such material for any purpose without compensation to you.

 

Limitation of Liability

The Bigstone Parties exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort, contract or otherwise) in connection with the Websites in any way or in connection with the use, inability to use or the results of use of the Websites, any Third Party Websites or the material on such websites, including but not limited to loss or damage due to computer viruses. If we are found responsible for any damages, we are responsible for actual damages only. In no event will we, be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the Websites.

 

Waiver

Our failure to enforce any of our rights under these Terms must not be construed as a waiver of those rights or any other rights in any way whatsoever. If any of these Terms are found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

 

Jurisdiction

The Terms of Use and all other aspects of your use of the Websites shall be governed by the laws of the state of New South Wales, Australia. Disputes arising in connection with this legal notice shall be subject to the non-exclusive jurisdiction of the courts of New South Wales, Australia. You agree that you will notify us of any claim or dispute concerning or relating to these Terms or the Websites.

Privacy policy

Bigstone Capital Pty Ltd ABN 44 603 289 658

 

Your privacy is important to us, and we know that it is important to you.

 

This privacy policy explains how we collect, use and protect your personal information in accordance with the Privacy Act 1988 and the Australian Privacy Principles. By accessing our websites, you consent to us collecting, maintaining, using and disclosing personal information about you.  We may make changes to this Privacy Policy from time to time, and will display the current version on our website www.bigstonecapital.com.au.

 

Collection

We may collect and hold personal information about individuals, including name, address, phone numbers, email addresses, occupation, bank account details, drivers’ licence details, credit information (if expressly authorised).

We generally collect your personal information directly from applications, questionnaires and other forms you complete and provide to us, from information you disclose to us on the phone, in correspondence, or in person, or from third parties.

If we are provided with personal information about you from a third party, we will take reasonable steps to ensure that you are or have been made aware of the matters set out in this Privacy Policy. You may also appoint us as your agent to obtain credit information about you from a credit reporting body or credit provider, to assist us in providing services to you.

We will only collect sensitive information about you with your express consent or if exempted by the Australian Privacy Principles, such as if the collection is required or authorised by law.

 

If the personal information we request is not provided, we may not be able to provide you with our services.

We may receive unsolicited personal information about you. We destroy all unsolicited personal information, unless the personal information is relevant to the purposes for which we collect your personal information.

 

We may collect personal information from our websites bigstonecapital.com.au, bigstone.co, bigstone.loans, bigstone.investments and bigstone.market (the Websites) and when we receive emails and online forms. We may also use third parties to analyse traffic at that web site, which may involve the use of cookies.  A cookie is a small amount of data that is sent to your browser from a website’s computer and stored on your computer’s hard drive.  They are used to collect statistical information in addition to allowing us to re-identify you.

 

Holding your information

We will seek to ensure that your personal information is protected from inference, misuse, loss, unauthorised access, modification or disclosure, whether held by us or by our service providers locally and overseas.

Your personal information may be stored by a third party data storage providers, and may be combined or linked to other information held about you in a client file. Computer stored information is protected through the use of passwords, and we limit access to your personal information to those staff members and third parties who need to know, in order to conduct our business, and service your account.  Where we no longer require the personal information for the purpose we collected it for, we will take reasonable steps to destroy it.

 

Purpose of collection

We may collect, hold, use and disclose your information:

·   to help us provide our products and services to you and to administer, monitor and evaluate those products and services,

·   to protect our business and other clients from fraud or unlawful activity;

·    to conduct our business and perform other management and administration tasks;

·    to assist you with your queries and consider and evaluate any concerns or complaints you may have;

·    to manage any legal actions we are involved in and comply with applicable laws; and

·    to help us improve the products and services offered to our clients, and to enhance our overall business.

Our service providers may handle your personal information, and we prohibit them from using that information other than for the specific purpose for which we supply it.

Wherever possible, we will attempt to de-identify sensitive information we use. We will take reasonable steps to delete all personal information about you when it is no longer needed.

 

Accessing and correcting your information

You may gain access to the personal information that we hold about you by contacting us, and we will either provide you with access within 30 days, or, if we refuse to provide the information, we will provide you with reasons why we have refused.  We require that you verify your identity before we provide you with your personal information, and that you clearly specify the information you want access to.

We encourage you to contact us to update any personal information we hold about you, so that we can correct it. If we correct information that has previously been disclosed to another entity, we will notify the other entity within a reasonable period of the correction. Where we are satisfied that the information is inaccurate, we will take reasonable steps to correct the information within 30 days, unless you agree otherwise. We will not charge you for correcting the information.

 

Disclosure of your information

We may disclose personal information to a related body corporate, an agent, contractor or service provider we engage to carry out our functions and activities, such as our lawyers, accountants, debt collectors or other advisors, organisations involved in a transfer or sale of all or part of our assets or business, organisations involved in managing payments, including payment merchants and other financial institutions such as banks, regulatory bodies, government agencies, law enforcement bodies and courts, financial product issuers and credit providers, and anyone else to whom the individual authorises us to disclose it or is required by law.

We will not send personal information to recipients outside of Australia unless:

·    we have taken reasonable steps to ensure that the recipient does not breach the Act, the APPs and the Credit Reporting Privacy Code;

·    the recipient is subject to an information privacy scheme similar to the Privacy Act; or

·    you consent to the disclosure

We may disclose your personal information to our service providers that are based overseas, particularly in Germany and the USA.

 

Analytics

We use cookies, and other technology, to store your preferences, record session information (such as loan estimates), and record user-specific information on which of our pages you access.  We may also use third party cookies, such as those provided by Google, to help us refine our marketing and messaging through inline advertising.  The information we collect is used to provide you with services, improve the content of our website, and may be used to contact consumers for marketing purposes.  If you prefer not to make this information available, you can opt-out of our advertising features through settings in your browser or via Google’s opt out plugin found online.  If you do not accept a cookie, it may impact the effectiveness of our website. 

 

Questions and complaints

If you have any questions about our privacy procedures, or if wish to make a complaint about how we have dealt with your personal information (including credit information) you may lodge a complaint with us:

·    by writing to:

Bigstone Capital,
Suite 145 National Innovation Centre, 
Australian Technology Park,
4 Cornwallis Street,

Eveleigh NSW 2015, or

·    by emailing enquiries@bigstonecapital.com.au.

 

You can also refer your complaint to the Office of the Australian Information Commissioner:

·    by telephoning 1300 363 992

·    by writing to Director of Complaints, Office of the Australian Information Commissioner, GPO Box 5218, SYDNEY NSW 2001

·    by emailing enquiries@oaic.gov.au

Terms & Conditions

This text is just placeholder. If you use it, please check with your legal team to verify it is appropriate for your site. Web Canopy Studio is not liable for any text on your website that comes from this document template

This privacy policy sets out how “[business name]” uses and protects any information that you give “[business name]” when you use this website.

“[business name]” is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

“[business name]” may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from [date].

What we collect

We may collect the following information:

  • name and job title
  • contact information including email address
  • demographic information such as postcode, preferences and interests
  • other information relevant to customer surveys and/or offers

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

  • Internal record keeping.
  • We may use the information to improve our products and services.
  • We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
  • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

  • whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
  • if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at [email address]

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to [address].

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

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