Terms and Conditions

These terms and conditions (Terms) were last updated on 29 April 2015.

Homemakerthevalley.com.au (Website) is owned by operated by Altis Fortitude Valley Unit Trust ABN 48 312 052 913 (Centre Manager, we, us, our) and provides information about Homemaker The Valley (the Centre) and participating retailers.

By using the Website, you agree to the following Terms and our Privacy Policy. These Terms govern your use of the Website and, where indicated, also apply to your use of social media pages operated by us in the name of the Centre (Social Media Pages).

Contact details

If you have any queries regarding these Terms, please contact us on:

Centre Management Office 07 3363 5777 or [email protected]

Privacy

Any information collected or received by us in connection with your access and use of the Website or a Social Media Page will be treated in accordance with our Privacy Policy.

Use of the Website

We require that users must not, without our prior written permission:

Interacting with us through social media

If you deal with us through our Social Media Page, please ensure that you are aware of and comply with the social media platform provider’s terms and conditions of use.

As the Centre Manager wishes to provide a welcoming space for all users, we require that users of our Social Media Pages do not abuse or offend others, upload or post any material that may infringe the intellectual property or other rights of another person or interfere with or disrupt with the operation of the Social Media Page. If you believe that a user has breached any of these conditions, please contact us.

We may modify or remove any material uploaded or posted on a Social Media Page by any user, without notice.

Intellectual Property

The Centre Logos are trade marks owned by or licensed to us (Trade Marks). Trade marks used to describe third parties are trade marks of those third parties.

You acknowledge and agree that:

As between you and us, all Intellectual Property Rights in this Website and Social Media Page vest in us. If you become aware of any infringements or suspected infringement by any third party of any Intellectual Property Rights in this Website, please immediately notify us.

Third party content and links

The Website and the Social Media Pages may contain links to or display the content of third parties and links to websites which are not under our control. If you use or rely upon third party content or websites, you do so at your own risk.

Disclaimer

The information on the Website and the Social Media Pages are provided “as is”. While the Centre Manager takes reasonable steps to ensure that information on its Website and Social Media Pages is accurate, current and complete, we do not guarantee or make any representation or warranty in relation to the accuracy, currency or completeness of the information, nor in relation to the merchantability and fitness for a particular purpose.

To the fullest extent permitted by law, we are not responsible for, and accept no liability with respect to, any material made available on the Website or Social Media Page by a third party. We do not endorse any opinion, advice or statement made by any person other than us.

By accessing the Website or a Social Media Page, the user assumes all risks associated with its use, including the risk that the user’s computer, software or data may be damaged or lost by data transmission errors or any virus. If you choose to send any confidential information to us electronically, you do so at your own risk.

Limitation of liability

Any liability as a result of our failure to provide, or for any problems with, the Website or a Social Media Page or any part of same, which cannot be lawfully excluded, is limited to the maximum extent permitted by law (as we reasonably determine), to resupplying the Website or Social Media Pages to you.

Website usage and cookies

The Centre Manager documents the IP addresses, browser types, and access times, requested URLs and referred URLs of users of the Website. The purposes of this include monitoring usage patterns, carrying out system administration, troubleshooting problems and obtaining broad demographic information about users. Such information is not personally identifiable and is not shared with third parties other than our related companies, agents, contractors and service providers.

We also use data files known as “cookies” on the Website. Such data files are placed on a user’s computer when they visit the Website. We only use cookies to enable the operation of the Website and not to keep personal profiles of users. Users who wish to avoid cookies should do so by disabling cookies on their internet browser.

When you access our Social Media Page, you should read the information collection policy of the relevant social media platform provider.

Waiver and change of Terms

These Terms may only be waived through an expressed waiver signed by both the Centre Manager and the relevant user. The failure of the Centre Manager to enforce or insist upon enforcement of any rights under these Terms will not be taken as a waiver of the other rights under these Terms.

We may change these Terms and publish the changed Terms on the Website and the Social Media Page. Continued usage of the Website or Social Media Page will be taken as the user’s acceptance of the changed Terms.

Privacy Policy

This privacy policy was last updated on 29 April 2015.

Our privacy commitment

Altis Fortitude Valley Unit Trust ABN 48 312 052 913 (Centre Manager, we, us, our) is committed to respecting and protecting your privacy. We comply with the Australian Privacy Act 1988 (Privacy Act) and the Australian Privacy Principles.

This privacy policy sets out our procedures and policies for collecting, storing and using personal information that you provide us when you visit our shopping centres (each a Centre), use our websites or otherwise interact with us (including via social media and any competitions).

What personal information do we collect?

In the course of our business activities, we may collect certain personal information from individuals including customers, tenants, prospective tenants, service providers and people seeking employment. Personal information includes information that is capable of identifying an individual person, such as your name, contact information, address, and demographic information such as postcode and preferences and interests.

If you are a tenant, prospective tenant or a guarantor, we may collect and use information about previous property transactions and dealings you have had with us. If you apply for employment with us, we may collect your employment history and qualifications.

From time to time, we may also collect sensitive personal information about visitors to the Centre, such as medical information so that we can respond to incidents. Sensitive personal information will only be collected with your consent.

We usually collect personal information because it is provided directly by you to us (including in person, via our website, over the telephone, or via social media), through CCTV footage when you visit the Centre, when entering into commercial or other transactions and arrangements with you (including service agreements and leases) and when you seek employment with us. We may also collect personal information from third parties such as law enforcement agencies and other government entities but only in accordance with the Privacy Act.

Use of personal information

We may collect, store, use and disclose personal information for purposes that include:

We may also use and disclose information for other related purposes within the reasonable expectations of the person from whom we collected the information, for other purposes required or authorised by law, or in other circumstances with the person’s consent.

Use of personal information for marketing

Where you have given us contact information, we may contact you via mail or email to keep you informed of Centre developments and to provide other information related to our business in which we think you may be interested. Personal information is only used for direct marketing purposes where that information was collected for such a purpose or with such a purpose reasonably apparent.

If you do not wish to receive marketing materials from us, you should advise the Privacy Officer or unsubscribe by following the unsubscribe instructions in each of our direct marketing communications. We will act on such a request as promptly as practicable, but we cannot guarantee that the receipt of such materials will cease immediately.

Sharing of Personal Information

We may share certain personal information with third parties including , our agents, contractors and service providers (including database server providers, market research companies, and, in relation to tenants which have defaulted on lease, debt collection agencies). We may also disclose personal information to our related companies and their agents, contractors and service providers. If you are a prospective tenant, we share certain information with your business references and nominated guarantors. If you have applied for employment with us, we may disclose certain information to your referees.

We may also disclose personal information to a person or organisation proposing to purchase the whole or part of our business, as well as to law enforcement agencies or government authorities.

Personal information is only shared where it is necessary for the operation of our businesses or to provide services to customers or tenants. We do not, in the usual course of our business, store, process or otherwise disclose personal information outside of Australia. We ensure that, where reasonable, third parties undertake to protect the personal information disclosed to them. Details of our privacy group can be obtained from the Privacy Officer.

If you interact with us through social media, your information may be stored overseas by the providers of the social media platform in countries such as Europe, USA or India. Please refer to the information handling policies of the relevant social media service provider for more information.

We will not sell personal information to external organisations.

Information Security

We hold personal information in electronic or hard copy form. We use reasonable and appropriate measures to protect the personal information we collect from misuse, loss, unauthorised access, modification or disclosure. Safeguards include having controlled premises, secured electronic databases and internet firewalls. We ensure that our employees, contractors and agents are contractually required to maintain confidentiality of all personal information.

If we no longer require your personal information for any purpose detailed in this Privacy Policy and we are not legally required to retain that personal information, we will take all reasonable steps to either destroy or de-identify the personal information.

Cookies

We use data files known as “cookies” on our websites. Cookies cannot be used to identify you and will not give us access to your personal information (other than the information you have chosen to share with us directly). If you wish to avoid cookies you can do so by disabling cookies on your internet browser, however you may not be able to use all our website features.

Enquiring about personal information

You may contact the Privacy Officer if you wish to:

The contact details for the Privacy Officer are as follows:

Complaints

If you have any question, concerns or complaints about this privacy policy, or our use of your information, please contact us using any of the above methods. You can also contact us if you believe that the privacy of your information has been compromised or is not adequately protected. Once a complaint has been lodged, we will respond to you within 28 days, although we may request further information for the purpose of considering your complaint. If we will take longer than 28 days to investigate your complaint, we will advise you of the likely response time.

Updating this policy

We may update this privacy policy at any time. A current version will be posted on our websites.