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Privacy Policy

Jim’s Builng Inspections NZ Privacy Policy

This Privacy Policy of Pindan Projects Pty Ltd as trustee for Redbill Trust trading as Jim’s Building Inspections (us, we, our) sets out how we collect, hold, use and disclose Personal Information, and our procedures regarding the handling of Personal Information, including its collection, use, disclosure and storage, as well as the right of individuals to access and correct that information.

We operate the e-commerce platform called Jim’s Building Inspections NZ, which includes the website with the domain name https://jimsbuildinginspections.co.nz/, and the e-commerce platform which includes the website with the subdomain name https://reports.jimsbuildinginspections.co.nz/reports and ancillary platforms which facilitate the operation of the e-commerce platform (together the Website). Building inspectors or building consultants (Building Inspectors) upload completed inspection reports to the Website for sale. Building Inspectors are responsible for their own collection and handling of personal information under their privacy notices. Building inspectors are responsible for their own collection and handling of Personal Information under their own privacy notices. When building inspection reports are uploaded to the Website, we handle Personal Information in those reports as a separate agency, in accordance with the Privacy Act 2020 (NZ).

Inspection reports uploaded to the Website by Building Inspectors are created by a building inspection application known as “Build Inspect” (Application). Commerford Consolidated Pty Ltd  exclusively owns and operates the Application and all intellectual property in and associated with the Application, which includes the website with the domain name “https://www.buildinspect.net/”, and ancillary platforms that facilitate the operation of the Application.

From time to time, we may revise or update this Privacy Policy or our information handling practices. If we do so, the revised Privacy Policy will be published on the Website.

We may collect Personal Information in order to conduct our business, provide and market our services, and meet our legal obligations. By using the Website or our services, or by providing Personal Information to us, you acknowledge that your Personal Information will be handled as set out in this Privacy Policy.

Definitions – Personal Information

Personal Information has the meaning given in the Privacy Act 2020 (NZ).

The types of Personal Information we collect and hold

The types of Personal Information we may collect, and hold include (but are not limited to) Personal Information from you, from building inspectors and from our related corporate entities, such as:

  • Users of the Website:
    • your name, address, contact telephone number and other contact details such as your email address;
    • payment information (such as credit card or bank details);
    • other Personal Information required to provide our services in specific cases; and
    • details of your use of our products or services.
  • Building inspectors:
    • your name, address, contact telephone number and other contact details such as your email address;
    • your business or company name;
    • your client’s Personal Information (if not already de-identified);
    • payment information (such as credit card or bank details);
    • other Personal Information required to provide our services in specific cases; and
    • details of your use of our products or services.
  • Individuals mentioned in reports:
    • property address, property photos, inspection findings and any Personal Information (if not already de-identified) contained in the report content provided by the building inspectors.
  • Visitors:
    • Device identifiers, log data, and cookie/analytics data as described below.

You are not obliged to provide Personal Information to us. However, in many cases, if you do not provide Personal Information to us, we may not be able to supply the relevant functionality of the Website.

In collecting Personal Information from you, we generally collect that information for the purposes described in this Privacy Policy, including to operate the Website, provide our products and services, process transactions, communicate with you, manage our relationship with you, improve our services, meet our legal obligations and protect our legitimate business interests. We may disclose that Personal Information to the categories of recipients described in this Privacy Policy, including related entities, service providers, payment processors, technology and analytics providers, professional advisers, regulatory authorities and, where applicable, building inspectors and selected referral partners. Provision of some Personal Information is optional, but if you do not provide information requested by us, we may not be able to provide some or all of the Website, products or services to you. You have rights to request access to, and correction of, Personal Information we hold about you as described below.

In some circumstances, you may provide to us, and we may collect from you, Personal Information about a third party. Where you provide the Personal Information of a third party, you must ensure that the third party is aware of this Privacy Policy, understands it, and has authorised you to provide their information to us, or that you are otherwise permitted to do so.

If you are providing Personal Information to us on behalf of a person under the age of 18 and you are that person’s parent or guardian, you confirm that you are authorised to do so on their behalf.

If it is necessary to provide specific services to you, we may collect Personal Information of a sensitive nature. However, we will only do so where that collection is authorised or required by law, where you provide the information to us for that purpose, or where otherwise permitted under the Privacy Act 2020 (NZ).

How Personal Information is collected and held by us

We collect Personal Information in the following ways:

  • when you submit Personal Information through the Website, such as when you sign up to or create an account on the Website, fill in information on the Website, use the Website, send us a message, or complete an online form;
  • when you use the Website to purchase building inspection reports;
  • from publicly available sources where needed to verify listings (for example, property details);
  • in person, for example when you engage with our employees, agents, or customer service representatives;
  • automatically via cookies, pixels, and similar technologies; and
  • in the course of providing our services to you.

In some cases, we may collect Personal Information about you from third parties, including building inspectors, related entities, publicly available sources and service providers. Where required by applicable law, we will take reasonable steps to make you aware that we have collected your Personal Information in that way and of the matters required by law, unless an exception applies.

We store Personal Information in computer storage facilities and paper-based files. We take reasonable safeguards to protect Personal Information against loss, unauthorised access, use, modification, disclosure, and other misuse.

Some examples of the steps we take to protect Personal Information include:

  • ensuring strong computer and network security protocols, including firewalls, encrypted connections, identification codes, access privileges, and password protection measures to control access to our IT systems;
  • implementing ongoing maintenance and monitoring of security systems to help ensure Personal Information remains secure during transmission and storage;
  • imposing restrictions on physical access to paper files, such as locks and access-controlled premises for physical records;
  • requiring third parties engaged by us to provide appropriate assurances to handle Personal Information in a manner consistent with applicable privacy and data protection requirements; and
  • taking reasonable steps to securely delete or de-identify Personal Information when we no longer require it for the purposes for which it may lawfully be used.

Inspection reports we publish

We list and sell building inspection reports relating to specific properties. To enable buyers to identify the correct report, listings may display the property address and suburb, inspection date, report type and building inspector details.

Before publication, we require building inspectors to avoid including unnecessary Personal Information in reports (for example, people’s names, contact details, faces or licence plates) and, where practicable, to mask or redact that information.

We may sell the same report to multiple buyers. We do not generally disclose a buyer’s identity to owners, occupiers or other buyers, except where required or permitted by law or where reasonably necessary to protect our rights, investigate misconduct, or respond to a complaint or dispute.

If you are identified in a report and believe Personal Information is included beyond what is reasonably necessary for the property inspection purpose, contact us using the details below and we will assess the position and, where appropriate, redact content, suppress the listing, or restrict access.

Collection of Personal Information through activity

Information that may identify you as a user may be gathered during your access to the Website.

The Website may include pages that use cookies. A cookie is a unique identification number that allows the server to identify and interact more effectively with your computer or device. The cookie assists us in identifying what our users find of interest on the Website.

A cookie may be allocated each time you use the Website. The cookie does not necessarily identify you directly, but it may identify your browser, device or internet service provider.

You can configure your access to the Website to refuse cookies. If you do so, you may not be able to use all or part of the Website.

Analytics and anonymisation

We may use Google Analytics, a web analytics service provided by Google. Google Analytics uses cookies to help us analyse how users use the Website. Google Analytics may record data such as your approximate geographical location, device, internet browser and operating system.

The information generated by the cookie about your use of the Website may be transmitted to and stored by Google on servers located in New Zealand or overseas. Google may use this information on our behalf for the purpose of evaluating your use of the Website, compiling reports on Website activity for us, and providing us with other services relating to Website activity and internet usage. You may refuse the use of these cookies. You may also be able to opt out of Google Analytics by using tools made available by Google for that purpose.

The purposes for which we collect, hold, use and disclose Personal Information

We collect, hold, use and disclose Personal Information for a variety of business purposes, including to:

  • provide and support our services: operate the Website, list reports, process orders, deliver requested products and services, generate and share inspection reports you purchased, and provide customer support;
  • quality and safety: undertake fraud prevention, abuse monitoring, troubleshooting, performance monitoring and security;
  • commercialisation: develop insights and services using de-identified or aggregated information (we do not sell identifiable Personal Information to third parties);
  • improve our business, products and services: including analytics, research, testing, diagnostics and product development;
  • marketing by us: promote our business, products and services;
  • third-party offers or referrals (optional): where you opt in, share your contact details with selected third parties so they can provide offers or follow up on referrals you request;
  • enquiries and complaints: handle and respond to enquiries, complaints and feedback;
  • disclosures to service providers and business partners: disclose information to our related entities and service providers (for example, hosting, storage, analytics, communications, payments and support providers) who assist us and are subject to appropriate contractual or other safeguards; and
  • legal, safety and corporate transactions: comply with law, detect or prevent fraud or security incidents, enforce our terms, and deal with mergers, acquisitions, reorganisations, financing transactions, or the sale of all or part of our business or assets.

We will generally use or disclose your Personal Information for the purpose for which it was collected, for a directly related purpose where you would reasonably expect that use or disclosure, where you have authorised it, or where otherwise permitted or required by law.

Direct marketing

We may also collect, hold, use and disclose your Personal Information to:

  • notify you about details of new services and products offered by us;
  • send you newsletters and other marketing communications;
  • administer our databases for client service, marketing and financial accounting purposes; and
  • comply with our legal requirements regarding the collection and retention of information concerning the products and services that we provide.

We may use your Personal Information, but not Personal Information of a sensitive nature unless permitted by law, to contact you about our services, updates and promotions. We will only share your details with third parties for their own marketing where you have asked us to do so or have expressly opted in.

If you do not wish us to use your Personal Information for direct marketing, or you would like to opt out of receiving direct marketing communications, you can do so by contacting us using the details below or by following the unsubscribe instructions in the relevant communication.

Where we send commercial electronic messages, we will do so in accordance with applicable law, including requirements relating to consent where required, sender identification and unsubscribe facilities.

Disclosures to third party service providers

We may disclose your Personal Information to third parties who work with us in our business to promote, market or improve the services that we provide, including:

  • providers of customer relationship management database services and marketing database services;
  • marketing consultants, promotion companies and website hosts;
  • partnered businesses;
  • linked service providers; and
  • consultants and professional advisers.

We use third-party payment service providers to process transactions securely. These providers may collect and store your payment details in accordance with their own privacy policies.

We may also combine your Personal Information with information lawfully available from other sources, including the entities referred to above, to help us provide better services to you.

Where we share information with third parties, we seek to ensure there are contractual or other arrangements in place that limit use and disclosure of Personal Information to the relevant service and require appropriate privacy and security protections.

Data retention

We store, process and retain Personal Information only for as long as we reasonably require it for the purposes described in this Privacy Policy, and otherwise in accordance with applicable legal requirements. When we no longer require Personal Information for a lawful purpose, we take reasonable steps to securely delete it or ensure it is de-identified.

Disclosing your information overseas

We may disclose Personal Information to service providers and support teams located outside New Zealand (including Australia, the United States and in jurisdictions notified in this Privacy Policy or otherwise notified to you from time to time) for hosting, storage, analytics, communications, payment processing and support.

Where we disclose Personal Information to an overseas person or entity, we will do so only where permitted by the Privacy Act 2020 (NZ), and we will take such steps as are required in the circumstances to ensure that the disclosure is made on a lawful basis, including where:

  • the overseas recipient is subject to the Privacy Act 2020 (NZ) because it carries on business in New Zealand;
  • we reasonably believe that the overseas recipient is required to protect the information in a way that, overall, provides comparable safeguards to those in the Privacy Act 2020 (NZ);
  • the overseas recipient participates in a prescribed binding scheme or is subject to privacy laws prescribed as providing comparable safeguards;
  • the disclosure is otherwise authorised by law; or
  • you have expressly authorised the disclosure after being informed that the overseas recipient may not be required to protect the information in a way that, overall, provides comparable safeguards to those in the Privacy Act 2020 (NZ).

How we handle requests to access your Personal Information

You have the right to request access to Personal Information we hold about you. You can make such a request by contacting us using the details set out in this Privacy Policy.

We will respond to requests for access as soon as reasonably practicable and, in any event, within 20 working days, or such longer period as permitted by law.

Where access is to be given, we will provide you with access to your Personal Information in the manner requested by you where it is lawful, reasonable and practicable to do so.

In some cases, we may refuse access in whole or in part where permitted by law. If we do so, we will give reasons to the extent required by law and advise you of any available right to make a complaint.

How we handle requests to correct your Personal Information

We take reasonable steps to ensure that the Personal Information we use or disclose is accurate, up to date, complete, relevant and not misleading.

If you believe the Personal Information we hold about you is inaccurate, incomplete or out of date, you can ask us to correct it by contacting us using the details below.

We will respond to correction requests as soon as reasonably practicable and, in any event, within 20 working days, or such longer period as permitted by law.

If we do not make the correction requested, you may ask us to attach a statement of correction to the relevant Personal Information.

Privacy officer and how to contact us or make a complaint

If you have any questions about this Privacy Policy, if you wish to request access to or correction of Personal Information we hold about you, or if you wish to make a complaint about an alleged breach of our privacy obligations, please contact our Privacy Officer:

Privacy Officer
Jim’s Building Inspections Head Office
24a, 479 Warrigal Road, Moorabbin VIC 3189, Australia
info@jimsbuildinginspections.com.au
131 546 (9am – 5pm AEST weekdays)

If we become aware of a privacy breach affecting Personal Information we hold, we will assess and respond to it in accordance with applicable law, including by notifying affected individuals and the Office of the Privacy Commissioner where required.

We will acknowledge and investigate complaints about the way we manage Personal Information as soon as practicable. If we determine that your complaint is justified, we will take reasonable steps to address the issue.

If you are not satisfied with our response, you may make a complaint to the Office of the Privacy Commissioner (New Zealand).

Website: www.privacy.org.nz