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    Retail Oasis Website Terms of Use

    About this Website

    1. This website is published by Retail Oasis Pty Limited A.C.N. 131 828 110 ("Retail Oasis").
    2. Your use of www.retailoasis.com (“website”) is subject to these terms of use (“Terms of Use”). All services provided by Retail Oasis, including any services provided through this website, are governed at a minimum by these Terms of Use and by all of the policies of Retail Oasis. If you do not accept these Terms of Use, you must refrain from using this website.
    3. If you use this website or undertake any activities through this website, you will be deemed to have read, understood and accepted these Terms of Use.

    Website Content

    1. Retail Oasis may, at any time, add or remove content from this website without notice.
    2. Any articles, information or content published on this website must be read subject to these Terms of Use.
    3. Although Retail Oasis uses its best endeavours to confirm the accuracy of any information published on this website, you agree that Retail Oasis cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to Retail Oasis. You agree to make your own enquiries to verify information provided.
    4. The information, materials and services in this website are provided for general information purposes only. Information is current at the time of first publication. Information provided on and through this website is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service to Retail Oasis.
    5. This website may feature or display third party advertising or content. By featuring or displaying such advertising or content, Retail Oasis does not in any way represent that Retail Oasis recommends or endorses the relevant advertiser, its products or services.
    6. Neither Retail Oasis nor any third party will be liable for any errors in content, or for any actions you take in reliance on them. Neither you nor any other person may hold Retail Oasis liable for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them.
    7. Retail Oasis may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. Retail Oasis does not accept any responsibility in connection with your participation in activities conducted by any other party.

    Your Use of the Website

    1. You agree to use this website only for purposes that are permitted by these Terms of Use, any applicable law or regulation and/or generally accepted practices or guidelines.
    2. You agree that you will not engage in any activity that interferes with or disrupts this website or the servers and networks that host this website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this website or the content.
    3. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
    4. Retail Oasis may stop (temporarily or permanently) providing access to this website to you, or to guests or members generally, at its discretion and without prior notice to you.
    5. Retail Oasis may in its sole discretion restrict your access to this website. If Retail Oasis does this, you may be prevented from accessing all or parts of the website. Retail Oasis will not be liable to you or any third party for doing so.
    6. As electronic websites are subject to interruption or breakdown, access to this website is offered on an "as is" and "as available" basis only.
    7. Retail Oasis may impose limits or restrictions on the use you may make of this website. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms of Use, Retail Oasis may withdraw this website, or change or remove website functionality at any time without notice to you.

    Intellectual Property Rights

    1. You acknowledge that any intellectual property rights, including graphics, logos, trade marks, distinctive brand features, design, text, icons, the arrangement of them, sound recordings and all software relating to this website, are owned by Retail Oasis, a related body corporate of Retail Oasis, or third party, and that these remain the property of their respective owners and must not be used in any manner without the prior written consent of the owner. These intellectual property rights are protected by Australian and international laws and nothing in these Terms of Use gives you a right to use any of them.
    2. Nothing contained on this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person. Retail Oasis makes no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.
    3. You may view this website and its contents for personal and non commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation. You may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without the prior written consent of Retail Oasis or, in the case of third party material, from the owner of the copyright in that material.
    4. You may not modify or copy the layout or appearance of this website nor any computer software or code contained in this website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this website.
    5. If you correspond or otherwise communicate with Retail Oasis, you automatically grant to Retail Oasis an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on this website and developing your ideas and suggestions for improved products and services.

    Links to Other Websites

    1. This website may contain links to other websites, content or resources, which are owned or operated by third parties. These linked websites are not under the control of Retail Oasis and Retail Oasis is not responsible for the operation, availability or content of any linked website or any link contained in a linked website. Retail Oasis provides these links to you for convenience only and the inclusion of any link does not imply an endorsement by Retail Oasis in relation to the linked website. You access linked websites at your own risk. Subject to any non-excludable rights, Retail Oasis disclaims all warranties, express and implied, as to the accuracy, value, legality or otherwise of any materials or information contained on linked websites. You should carefully review the terms of use and privacy policies of all websites belonging to other parties that you visit.
    2. Retail Oasis reserves the right to prevent third parties from linking to this website.

    Secure Data and Transmissions

    1. Given the nature of the internet, Retail Oasis cannot guarantee that any data transmission is totally secure, free from viruses, fault or other conditions which could damage or interfere with your computer systems and Retail Oasis does not warrant that your access to the website will be uninterrupted, error free or that any defects will be corrected. Whilst Retail Oasis and its third parties take precautions to protect information, Retail Oasis does not warrant and cannot ensure the security of any content or information you transmit via the website. You therefore transmit to the website at your own risk. However, once Retail Oasis or its third party receives your transmission, Retail Oasis and its third parties will take reasonable steps to preserve its security.
    2. You must take your own precautions to ensure that the process which you use to access the website or any website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, neither Retail Oasis nor its third parties will accept any responsibility for any interference or damage to your own computer system which arises in connection with your use of this website, any website or any linked website.

    Cookies

    Cookies may be used on this website to gather data in relation to this website and you consent to this (although you may be able to disable cookies on your web browser).

    Use of Your Information and Material

    Retail Oasis appreciates any suggestions (“unsolicited ideas”) you may have regarding ways in which this website may be improved or materials which may be added to this website. Any unsolicited ideas that you submit will not be regarded as confidential and will become the property of Retail Oasis. Retail Oasis may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate you.

    Privacy Policy

    The privacy policy of Retail Oasis (“Privacy Policy”) forms part of these Terms of Use. The Privacy Policy, available on this website at our Privacy Policy Page, explains how your personal information is collected and managed in accordance with the Privacy Act 1988, the Privacy Amendment (Enhancing Privacy Protection) Act 2012 and the Australian Privacy Principles.

    Disclaimer

    1. Retail Oasis makes no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this website or to the availability, functionality or performance of such any information, content, materials or products, except as otherwise provided under any applicable law.
    2. Retail Oasis does not accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside its control), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor does Retail Oasis accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this website. To the maximum extent permitted by law, Retail Oasis disclaims any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.
    3. The use of the information on this website is at your own risk. To the extent permitted by law, Retail Oasis excludes all liability in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, Retail Oasis limits its liability to the re-supply of the relevant information or services.
    4. You agree to indemnify Retail Oasis and other persons involved in the creation of this website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement.

    Governing Law and Jurisdiction

    These Terms of Use are governed by and construed in accordance with the laws of New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms of Use, which will continue in full force and effect. If you access this website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Retail Oasis makes no representations that the content of this website complies with the laws of any country outside Australia.

    General

    These Terms of Use may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of this website following such amendment of these Terms of Use will represent an agreement by you to be bound by the Terms of Use as amended. Where your access to this website is terminated, all disclaimers and limitations of liability set out in these Terms of Use will survive. Reference to “website” includes the whole or any part of the web pages located on this webpage (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).

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    Privacy Policy

    Our Privacy Commitment

    Retail Oasis Pty Limited A.C.N. 131 828 110 ("Retail Oasis") is committed to managing personal information openly and transparently and to keeping personal information safe. We will take all necessary measures to fulfil this commitment, including to:

    About this Policy

    This policy is intended to explain clearly and in plain language some of the key processes and procedures that we have implemented to manage personal information, to protect the privacy of individuals and to comply with the Privacy Act 1988, the Privacy Amendment (Enhancing Privacy Protection) Act 2012 ("Act") and the Australian Privacy Principles.

    References to "our", "us" and "we" in this policy are references to Retail Oasis.

    The website accessible through the domain name www.retailoasis.com ("Website") is owned and administered by Retail Oasis Pty Limited A.C.N. 131 828 110.

    This policy gives a broad overview of our policies in relation to privacy but if you require further information, you are welcome to contact us.

    You must read this privacy policy before providing us with any personal information and before using the Website. By providing personal information to us or by using the Website, you are confirming your agreement to the policies and procedures described in this privacy policy.

    What sorts of personal information do we collect?

    We will only collect information that is necessary and relevant to the proper undertaking of our business.

    The types of personal information we collect include name, email address, contact telephone number and company name.

    The information we collect will depend on the exact nature of the services that we are providing and what information is reasonably required to provide those services.

    The Act places restrictions on us collecting sensitive information (which includes information about religion, political views, ethnicity, criminal records and sexual preferences). Generally we will not collect this type of information , however we may need to collect some sensitive information in circumstances where a person is applying for a job with us, and consent has been provided to us to do so.

    Why do we require personal information?

    There are various reasons why we might need to collect, hold, use or disclose personal information and this will depend upon the specific service that we are providing. You will be informed as to the main reason for the collection of personal information at the time that the personal information is collected.

    Usually, the main reason that we will need to collect your personal information will be relating to a service that we are providing. Our main services relate to connecting retailers with consumers.

    We may also use personal information for other reasons, including:

    There is no obligation to provide personal information for use by us but if you do not provide us with the personal information that we require, we may not be able to provide the information, goods or services that you require.

    How do we collect personal information?

    The means by which we collect personal information will depend on the nature of the service being provided.

    We may collect personal information:

    1. directly from the individual;
    2. when you access and interact with the Website;
    3. from our clients who have obtained the express consent of the individual to disclose their personal information to us for its relevant use, including for use in our business and to provide our services;
    4. from publically available sources, for example, the electoral role, the telephone directory or from other websites; or
    5. from other sources.

    We will always collect personal information directly from the relevant individual unless it is impracticable to do so.

    Personal information will not be collected where a person is only browsing the Website but we do use cookies to better tailor our information and our services to meet the needs of our clients. A cookie is a small piece of text that is placed within the memory of a computer and can be later retrieved by web page servers. Cookies are used to enhance interaction and convenience in using the Website and we do not use cookies to record any personal information. Cookies may record information about a visit, including the type of browser and operating system used, the previous site visited, the server’s IP address, the pages being access and the information downloaded. While this anonymous statistical data may be aggregated and used in broader statistical analysis by us and our web monitoring service provider to improve our services, at no time can we personally identify the source of that data.

    Where we are collecting your personal information, we will remind you of the following at the time of collecting your personal information:

    1. our details, including our contact details;
    2. that we are collecting your information and the reasons why we are collecting your information;
    3. if any collection is required or authorised by law, the details of the law, court or tribunal order;
    4. what happens if the personal information cannot be collected or obtained;
    5. any third parties to whom personal information may be disclosed;
    6. how personal information can be accessed and corrected;
    7. how a complaint can be made about any breach of the APPs and how such complaints will be handled; and
    8. whether personal information is likely to be disclosed to anyone overseas and if practicable, the countries in which those recipients are located.

    Collecting and disclosing personal information about others

    Wherever possible, we will collect personal information directly from the relevant individual.

    You represent and warrant to us that where you provide personal information to us about another person:

    1. you are authorised to provide that information to us;
    2. you have obtained the express consent of the individual to disclose their personal information to us for its relevant use, including for use in our business and to provide our services;
    3. you have complied with the APPs in collecting that personal information, including by making all relevant notifications required under APP 5; and
    4. you have informed that person about the contents of this privacy policy including who we are, how we use and disclose personal information, and that they can gain access to, and correct, that information.

    Unsolicited personal information

    From time to time we may receive personal information that we have not requested or taken steps to come to know. In these circumstances, we will only hold onto such information where the information is necessary for our functions and activities. If we determine that the information received is not necessary for our functions and activities then we will take steps to de-identify or destroy the information as soon as is practicable. Any determination as to whether or not the information is required to be retained by us will be made within a reasonable period after the information is received by us. Any information that has not been requested but is subsequently retained by us will be subject to the procedures and requirements set out in this privacy policy.

    How do we use or disclose personal information?

    We may use and disclose personal information for the purposes for which it was collected or for a related purpose such as:

    1. to consider a request for a product or service;
    2. to enable us to provide a product or a service;
    3. to carry out or respond to requests;
    4. to our third party service providers to assist us in providing and improving our services, and to analyse industry trends and develop, improve and market our products and services;
    5. for regulatory reporting and compliance with our legal obligations;
    6. to various regulatory bodies and law enforcement officials and agencies to protect against fraud and for related security purposes;
    7. to perform administrative and operational tasks (including risk management, systems development and testing, staff training and collecting debts);
    8. to our third party service providers to include in a database compiled by us or our third party service providers for use in direct marketing of promotions, products and services;
    9. to seek feedback in relation to client satisfaction;
    10. to monitor or improve the quality and standard of services that we provide;
    11. to consider any concerns or complaints made against us; and
    12. to our successors and/or assigns.

    By agreeing to accept the terms of this privacy policy and in providing personal information to us, you are taken to have consented or obtained the necessary consent to have personal information used or disclosed for the above purposes.

    At the time that we collect personal information, we will make it clear why we are collecting personal information. We will not use personal information for any other purpose without consent or where we do use information for another purpose, it will either be for a purpose which we believe is related to the purpose for which it was first provided to us or for a purpose which would be expected.

    We may also provide personal information to third parties as outlined below.

    Other than the above, we will not disclose personal information without consent unless disclosure is either necessary to prevent a threat to life or health, authorised or required by law, reasonably necessary to enforce the law or necessary to investigate a suspected unlawful activity.

    Do we share personal information with others?

    We may share your personal information with other companies that are related to Retail Oasis. By providing personal information to us, you confirm that consent has been obtained to share the personal information with other companies within our group.

    We deal with third party service providers who may assist us a variety of functions including with research, mail and delivery, security, insurance, professional advisory (including legal, accounting and auditing advice), banking, payment processing, credit reporting or technology services. Where we engage third party service providers to perform services for us, those third parties may be required to handle personal information. Under these circumstances, those third parties must safeguard this information and must only use it for the purposes for which it was supplied and we will make all reasonable enquiries to try to ensure that this is the case.

    Wherever possible, we will limit the information provided to independent third parties to that information required for those third parties to properly perform their functions. Further, our contracts with these third parties will always require the third parties to comply with the APPs (or equivalent standards).

    Do we use personal information for marketing purposes?

    As part of the services that we provide, we may:

    1. use personal information that we have collected to identify a product or service that may benefit a particular person or group of people;
    2. contact individuals from time to time to let them know about a product or service that we believe might be of interest to them; and
    3. disclose personal information to our related entities or business partners to enable them to contact individuals about a product or service that they might be interested in.

    By providing personal information to us, you consent, or confirm that consent has been obtained, to include the personal information in our database to be used for direct marketing purposes, including those described above, however, an individual can opt-out, unsubscribe or make a request not receive direct marketing communications from us by calling Retail Oasis on (02) 9976 6222 or by writing to us by email at enquire@retailoasis.com or by post sent to Level 4, 1A Rialto Lane, Manly NSW 2095 or by logging such a request through the Website at any time. Additionally, each direct marketing communication, including all emails and SMS, will include an opt-out or "unsubscribe" option which will immediately indicate to us that the person opting-out or unsubscribing no longer wishes to receive materials of this kind. If a request is made not to receive direct marketing communications from us, we will stop sending these materials.

    A request may be made that an individual does not want us to disclose their personal information to facilitate direct marketing by another organisation, or that we provide the source of any personal information that we use for direct marketing purposes. Any such requests will be actioned within a reasonable period and there will be no charges for making, or for us actioning, such requests.

    How do we store personal information?

    We have implemented appropriate processes and techniques (including physical security such as locks and security systems and computer and network security, including firewalls and passwords) to protect personal information from loss, misuse and interference and from unauthorised access, modification or disclosure. In addition, access to personal information is limited to those who specifically need it to conduct their responsibilities.

    We and our third party service providers take all necessary steps to destroy or permanently de-identify personal information where it is no longer required and to protect personal information from loss, misuse and interference and from unauthorised access, modification or disclosure.

    While care is taken to protect personal information on the Website, unfortunately no data transmission over the Internet is guaranteed as 100% secure. Accordingly, we cannot ensure or warrant the security of any information sent to us or received from us online. This is particularly true for information sent to us via email as we have no way of protecting that information until it reaches us. Once we receive personal information, we are required to protect it in accordance with the Act.

    Maintaining personal information

    We take reasonable steps to ensure that:

    1. the personal information that we collect about is accurate, complete and up-to-date at the time of collection;
    2. when we use personal information, it is accurate, up-to-date, complete and accurate at the time of use; and
    3. if we disclose personal information, it is accurate, up-to-date, complete and accurate at the time of disclosure.

    Will we disclose personal information to anyone overseas?

    There may be circumstances where we need to disclose personal information to a third party overseas. This may occur, for example, where we have a database or server hosted outside Australia.

    APP 8.1 requires that we will take all reasonable steps to ensure that the third party recipient of personal information complies with the APPs (other than APP 1) in relation to personal information, or that the third party recipient is bound by laws that offer individuals at least as much protection as the APPs and that individuals are able to enforce their rights under those international laws in the event of any breach. If you are an individual providing personal information to us and now that you are aware of this general requirement, please confirm your consent to us disclosing your personal information to overseas third parties by ticking the box below.

    I am aware of the obligations of Retail Oasis contained in APP 8.1 and as summarised above and I consent to Retail Oasis disclosing my personal information to overseas third parties on the understanding that in so consenting, I will not be afforded the protections otherwise provided by APP 8.1.

    How can personal information be accessed?

    Usually we will be able to provide access to personal information upon receipt of a written request, either by email sent to enquire@retailoasis.com or by post sent to Level 4, 1A Rialto Lane, Manly NSW 2095, and confirmation of the person's identity. There are some limited circumstances in which we may not be able to provide access to personal information when requested. Such circumstances might include where access would pose a serious threat to the life, health or safety of another person or where such access would unreasonably impact on the privacy of others.

    Where a request is made for access to personal information, we will respond to any such request within a reasonable period after the request is made and if possible, we will provide access to the personal information in the manner requested, if specified. In any event, we will take all reasonable steps to provide access to your information in a way that meets the needs of the individual making the request.

    If we deny access to personal information for any reason, or if we are unable to provide access to personal information in the manner requested, then we will provide a written notice confirming:

    1. the reason for such refusal; and
    2. the procedure to complain about the refusal.

    We may recover our reasonable costs of supplying access to personal information but we will not charge for any request to access personal information.

    How can you seek to correct personal information?

    We do what we can to ensure that the personal information we hold is accurate, complete, up-to-date, relevant and not misleading. To assist us to do this, please ensure that you provide us with correct information at the time you provide it to us and immediately inform us if any details change at any time. If we are concerned that any personal information is inaccurate, incomplete, out-of-date, irrelevant or misleading, or if a request is made that we correct any personal information, then we will take all reasonable steps to correct the information to ensure that it is accurate, complete, up-to-date, relevant and not misleading in the context of the purpose for which it is held.

    If we correct any personal information and that information has previously been disclosed to another entity that is required to comply with the APPs, then, upon receipt of a request to do so, we will take reasonable steps to notify that other entity of the correction unless such notification is impracticable or unlawful.

    If we refuse to correct personal information following a request to do so, then we will provide a written notice confirming:

    1. the reason for such refusal; and
    2. the procedure to complain about the refusal.

    If we refuse to correct personal information following a request to do so and a request is made that we associate with the information a statement that the information is inaccurate, out-of-date, incomplete, irrelevant or misleading then we will take reasonable steps to associate the statement with the information so that the statement is apparent to users of the information.

    We will respond to any requests regarding the correction of personal information within a reasonable period after the request is made.

    We will not charge for any request to correct personal information, nor will we pass on any costs incurred by us in correcting personal information or for associating a statement with personal information.

    What if you want to make a complaint about some aspect of our privacy procedures?

    We are committed to maintaining and protecting the privacy of individuals but it is possible that in limited circumstances, mistakes might be made. If you are concerned with the way that personal information has been handled then you are entitled to make a complaint. If you would like to lodge a complaint, please contact us through our Privacy Compliance Officer, whose details are set out below.

    Privacy Compliance Officer
    Justine Jones
    Retail Oasis Pty Limited
    Level 4, 1A Rialto Lane
    Manly NSW 2095
    Telephone: (02) 9976 6222
    Email: enquire@retailoasis.com


    If personal information has not been handled in an appropriate way, we will do our best to remedy your concerns as quickly as possible, including by acknowledging receipt of your complaint within 48 hours and trying to resolve the complaint within 10 working days. Where this is not possible, we will contact you within this period to let you know an anticipated time frame within which your complaint will be resolved.

    If your complaint is not satisfactorily resolved, you may approach an external dispute resolution service or apply to the Office of the Australian Information Commissioner ("OAIC") to have the complaint heard and determined.

    Protecting identity

    Wherever it is practicable, you will always provide an individual with the option not to identify themselves when dealing with us. Alternatively, an individual may elect to use a pseudonym to protect their identity.

    Links to other websites

    This Website may contain links to websites which are owned or operated by other parties. You should make your own enquiries as to the privacy policies of these parties. We are not responsible for information on, or the privacy practices of, such websites.

    Changes to this policy

    From time to time it may be necessary for us to review and revise this privacy policy. We reserve the right to change our privacy policy at any time.

    How can you contact us?

    Please find below our contact details. Please do not hesitate to contact us in relation to any privacy-related concerns and we will use our best endeavours to address any such concerns thoroughly and in a timely manner.

    If it is practical to do so, you can contact us without identifying yourself. However, if you choose not to identify yourself, it may be more difficult for us to assist you with your enquiry. This will depend on the nature of your enquiry.

    Retail Oasis Pty Limited
    Level 4, 1A Rialto Lane
    Manly NSW 2095
    Telephone: (02) 9976 6222
    Email: enquire@retailoasis.com


    Please note that the Act contains certain exemptions which may permit us to use personal information in a particular way if specific circumstances arise. Any such exemptions under the Act will take priority over this privacy policy to the extent of any inconsistency.