Privacy Policy

Cubetec’s commitment to privacy

Cubetec Pty Ltd ABN 15 140 585 495 and its members are committed to complying with privacy laws in: i) Australia under the Privacy Act 1988 (‘Privacy Act’) and the Australian Privacy Principles (‘APPs’); ii) the United States of America which define Personal Data or Personal Information under both federal and state laws; and iii) New Zealand under the Privacy Act 2020 (together, ‘Privacy Laws’).

This Privacy Policy describes how we manage personal information we may collect, hold, use or disclose for the purposes of our functions and activities in compliance with Privacy Laws.

 

What is personal information?

This Privacy Policy is intended to include the most expansive definition of Personal Information (also referred to some Privacy Laws as “Personal Data”) across all applicable Privacy Laws.

For the purposes of this Privacy Policy, “Personal Information” may include information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not. Examples of personal information we may collect include: names, addresses, email addresses, phone numbers, facsimile numbers, age, date of birth, gender and other information you voluntarily transmit with your communication to us. In some instances we also collect ownership, tenancy information or about borrowers submitted by lenders, which may include loan information, contact information, phone numbers, property addresses, purchase contracts, financing amounts, and other financial information of individuals or corporations as part of our day to day activities.

When you provide Cubetec with your personal information, you give your consent to the handling of your personal information as described in this Privacy Policy.  If you refuse to provide any relevant personal information, Cubetec may not be able to provide its services (at all or in part).

We obtain personal information by lawful and fair means in many ways including by interviews, correspondence, by telephone and facsimile, by email, via our website www.cubetec.com or the Apple Test Flight application (together, the Platform) and from third parties. Some of the links to websites that appear on our Platform and those of our authorised third parties have their own, possibly different, privacy policies. When linking to any website, it is important for you to review that website’s privacy policy.

Cookies

Our collection of other types of information (typically that is technical in nature such as IP address, web browser information, cookies, etc.) may happen without your express knowledge, but you hereby consent to it. This means that you will not necessarily know when and how it is happening. However, we can only gather the information through your voluntary interactions with us through our Platform.

You can change your web browser settings at any time to stop accepting cookies or to prompt you before accepting a cookie from the sites you visit. If you do not accept cookies, however, our Platform may not function properly for you, and you may not be able to use some sections or functions of our Platform. To learn more about cookies and how to manage and delete them, visit http://www.allaboutcookies.org.

Information collected may include but is not limited to your browser type, your operating system, your language preference, any referring web page you were visiting before you came to our site, the date and time of each visitor request, and information you search for on our sites. We can also track the path of page visits on our Platform and monitor aggregate usage and web traffic routing on our sites.

Why do we collect personal information?

We collect your personal information for the primary purpose of conducting the various business activities or functions of Cubetec or its Related Bodies Corporate (as that term is defined by the Corporations Act 2001 (Cth)), which include, amongst other things:

  • the provision of property valuation and/or other business advisory services;
  • collating and using property or asset information (for valuation and/or other business advisory services);
  • planning and conducting marketing campaigns and/or other promotional activities;
  • collecting information on people who responded to marketing campaigns;
  • assisting with the administration of Cubetec’s operations; and
  • future business planning.

Sensitive information

Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.

Sensitive information will be used by us only:

  • for the primary purpose for which it was obtained;
  • for a secondary purpose that is directly related to the primary purpose;
  • with your consent; and/or
  • where required or authorised by law.

Special Considerations for Children

The Platform is not intended or designed to be used by anyone under the age of 13. It is not meant to be attractive to anyone under the age of 13, or to have any value or use by anyone under the age of 13. Cubetec does not collect Personal Information from any person it knows to be under the age of 13. If you are under 13, DO NOT TRANSACT WITH US THROUGH THIS PLATFORM, AND DO NOT SEND ANY PERSONAL INFORMATION. IF YOU ARE BETWEEN THE AGES OF 13 AND 17, DO NOT USE THE PLATFORM UNLESS YOU ARE SUPERVISED BY A PARENT/GUARDIAN OR HAVE RECEIVED PERMISSION FROM YOUR PARENT/GUARDIAN.

Unsolicited personal information

Where reasonable or practicable to do so, we will collect your personal information only from you.  However, in some circumstances we may be provided with information by third parties. In such cases:

  • We will take reasonable steps to determine if we could have collected the personal information, and if we could not have, we will, if it is lawful and reasonable to do so, destroy or de-identify it as soon as practicable.
  • If we are entitled to retain the personal information, or it would be unlawful or unreasonable to destroy or de-identify it, we will handle the information in accordance with this Privacy Policy.

Use and Disclosure of personal information

We use and disclose personal information for the purposes for which we collect that personal information and any directly related purpose, or as required by law. This includes disclosing personal information to:

  • data analysis companies, outsourced service providers or other contractors (that will, in some cases, be ‘overseas recipients’ as defined by the Privacy Laws) who assist Cubetec in our functions and activities but only to the extent reasonably necessary to assist in those functions and activities;
  • Cubetec’s Related Bodies Corporate as necessary for the operations or administration of those entities or Cubetec’s business;
  • Cubetec’s clients, professional advisers or financiers; or
  • Parties involved in a prospective or actual transfer of assets or our business.

When disclosing to ‘overseas recipients’ (as defined by the Privacy Act), Cubetec will take reasonable steps to ensure that the ‘overseas recipient’ does not breach this Privacy Policy or the APPs.  The ‘overseas recipients’ to whom we disclose may be located in the United States of America, New Zealand or Asia.

If you do not wish for your personal information to be disclosed or used in such a way anticipated by this Privacy Policy, we will use reasonable endeavours to accommodate your request where the disclosure is not otherwise required by law.  If we comply with your request, it may not be practicable for us to provide some or all of the services that would otherwise be available.

California Consumer Notice: Pursuant to the § 1798.110 of the California Consumer Privacy Act (“CCPA”), Cubetec does not meet the requirements of Business as defined in § 1798.140(c). Therefore, it is not required to comply with the CCPA. Similarly, Cubetec does not meet the requirements necessary for compliance with Cal. Civil Code §1798.83, otherwise known as the “Shine the Light” law.

EU Consumer Notice: Cubetec does not conduct business in the EU.

Canada Consumer Notice: Cubetec does not conduct business in Canada.

Security of personal information

We will take such steps as are reasonable in the circumstances to protect information from misuse, interference, loss and from unauthorised access, modification or disclosure.

When your personal information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your personal information. However, most of the personal information we collect or store is, or will be, used for or retained in records that concern services provided to our clients, which will be kept by us for a minimum of seven (7) years.

Please be aware that no security measures are perfect or impenetrable so Cubetec cannot guarantee that only authorised persons will access or view your personal information.

We cannot ensure that information you share on the Platform or provide to us will not become publicly available. We are not responsible for third party circumvention of security measures on the Platform, our electronic databases or at any of our premises.

We regularly consider appropriate new security technology and methods. Security measures implemented include:

  • Web and database servers are protected using firewalls;
  • Passwords used for account registration require minimum password strength attributes;
  • User access is tracked;
  • Role-based security is applied to system access;
  • Use of data encryption;
  • Use of Transport Layer Security (TLS) technology where customer data traverses public networks;
  • Vendor-supplied patches are reviewed and tested for compatibility before installation;
  • Regular system backups are made;
  • Regular maintenance is performed on systems;
  • System activity logs are stored centrally and actively monitored;
  • Security assessments are performed on third party vendors with access to Personal Data;
  • All Cubetec employees are contractually obligated to maintain the confidentiality of Personal Data accessible through their employment; and
  • All Cubetec employees are required to attend regular security and awareness training.

Quality of your personal information

Cubetec will take such steps as are reasonable in the circumstances to ensure that any personal information which we:

  • Collect is accurate, complete and up-to-date; and
  • Use or disclose is accurate, complete, up-to-date and relevant, having regard to the purpose of the use or disclosure.

Access to and correction of personal information

Subject to any exceptions in the APPs, upon request, Cubetec will give an individual access to their personal information.  We will give access to the information in the manner requested by the individual, where it is reasonable and practicable to do so.  Cubetec reserves the right to reasonably charge the individual for the giving of access to the personal information.  If access is refused, we will provide written notice as required by the APPs.

In respect of personal information, if:

  • Cubetec is satisfied that, having regard to a purpose for which the information is held, the information is inaccurate, out of date, incomplete, irrelevant or misleading; or
  • an individual requests that Cubetec corrects the information,

we will take such steps (if any) as are reasonable in the circumstances to correct that information and to ensure that, having regard to the purpose for which it is held, the information is accurate, up to date, complete, relevant and not misleading.  If Cubetec refuses to correct information:

  • we will provide written notice as required by the APPs; and
  • if the individual requests Cubetec to associate with the information a statement that the information is inaccurate, out-of-date, incomplete, irrelevant or misleading, we will take such steps as are reasonable in the circumstances to associate the statement in such a way that will make the statement apparent to users of the information.

We will respond to any request under this part of the Privacy Policy within a reasonable period after the request is made.

Deal with us anonymously

Where it is lawful and/or practicable, you can deal with us anonymously or under a pseudonym (e.g. general enquiries about the services which Cubetec offers).

Data breach

The Privacy Amendment (Notifiable Data Breaches) Act 2017 established the Notifiable Data Breaches (NDB) scheme in Australia.

Cubetec will comply with the requirements of the NDB scheme as detailed in the Privacy Act including:

  • Assessing whether an Eligible Data Breach (as that term is defined by the Privacy Act) has occurred, and if so, if it gives rise to a “likely risk of serious harm”, and deciding whether or not notification is required to an impacted individual and/or the Office of the Australian Information Commissioner.
  • In respect of any Eligible Data Breach, liaising with, or providing any required notification to, the Office of the Australian Information Commissioner or other regulators, as required by law.

Policy updates

This Privacy Policy may change from time to time. The Cubetec Privacy Policy is available on our Platform. If we make changes to this policy, we will notify you by republishing our Privacy Policy and posting it on the Platform.

Complaints or enquiries

If you have any enquiries or wish to make a complaint about the way Cubetec has handled your personal information (including if you think we have breached any Privacy Laws), you may do so to our Privacy Officer in writing, by mail or email to the address below. Please include your full name, contact details and a detailed description of your complaint. Our Privacy Officer will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you consider that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.

Privacy Officer

Cubetec
Unit 4, 75 Lorimer St,
Docklands
Victoria 3008
Australia
Email:   privacy@cubetec.com

Nothing in this Privacy Policy is intended, or can be relied upon, to limit any rights we have under Privacy Laws (even if not referred to in this Policy).