Privacy
Terms & Conditions
Updated 2022
Welcome to Optimal Site Performance. These terms and conditions (“Terms and Conditions”) are the legally binding agreement between you and Optimal Site Performance Pty Ltd (“Optimal Site Performance”) governing your access to and use of the website and its content located at www.optsp.com.au (“Website”).
This page sets out the:
- warranty;
- privacy policy; and
- website terms of use,
of Optimal Site Performance Pty Ltd (ABN 56 605 401 507).
If you are happy to access and use our Website, you are taken to have agreed to our terms and conditions. If you have any questions, please contact Optimal Site Performance at info@optsp.com.au
1. Warranty
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value
You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
2. Privacy Policy
Optimal Site Performance respects your right to privacy and is committed to safeguarding the privacy of our customers and visitors to our Website. We comply with the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.
What personal information do we collect?
Optimal Site Performance will, from time to time, receive and store personal information you enter onto our Website, provided to us directly or given to us in other forms.
You may provide basic information such as your name, phone number, address and email address to enable us to send information and, provide updates regarding our services.
Additionally, we may also collect other personal information you provide while interacting with us.
How do we collect your personal information?
We collect personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our Website and when we provide our services to you. We only collect personal information which you provide to us directly.
We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference and respond to surveys and/or promotions.
How do we use your personal information?
We may use personal information collected from you to provide you with information, updates and services. We may also make you aware of new and additional services and opportunities available to you. We may use your personal information to improve our services and better understand your needs.
We may also use your personal information to contact you about our services, including for marketing purposes.
How do we disclose your personal information?
We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary to supply you with services. Personal information is only supplied to a third party when it is required for the performance of our services.
We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Optimal Site Performance, www.optsp.com.au, its customers or third parties.
Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia.
If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances
By providing us with personal information, you consent to the terms of this privacy policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.
How do we secure your personal information?
We are committed to ensuring that the information you provide to us 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 information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to or receive from us.
How can you access your personal information?
You may request details of personal information that we hold about you by emailing us at info@optsp.com.au.
We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act 1988 (Cth).
What rights do you have in relation to your personal information?
You have the right to access your personal information and require us to correct any of your personal information.
How can you make a complaint?
If you wish to make a complaint, please submit details of your complaint to info@optsp.com.au.
We will investigate and respond as soon as possible after receiving written notice of your complaint.
Changes to privacy policy
Please be aware that we may make changes to our privacy policy in the future. Please check back from time to time to review our privacy policy.
3. Website Terms of Use
Intellectual Property Rights
Our Website contains intellectual property (including copyright) owned by Optimal Site Performance. We may also display content that is subject to the intellectual property rights of third parties.
- the business name, trading name, domain name, trade mark,
industrial design, patent, registered design or copyright; or - the right to use or exploit a business name, trading name,
domain name, trade mark or industrial design; or - a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process),
of Optimal Site Performance or any third party
Your use of our Website
Subject to your compliance with these Terms and Conditions, you are granted a limited, personal, non-exclusive, non-transferable, non-sublicensable, freely revocable license to access and use our Website solely for your personal, non-commercial and lawful purposes.
Your use of the Website, including all features and functionalities, must be lawful and comply with these Terms and Conditions.
You agree not to:
- download, reproduce, distribute, modify, display, create derivative works of, offer for sale, or use, any content or information contained in or obtained from our Website;
- delete the copyright or other proprietary rights notices from our Website or any content;
- circumvent, remove, alter or deactivate any of the content or other protections enabled on our Website;
- use any robot, spider, scraper or other automated means to access our Website;
- decompile, reverse engineer or disassemble any software or other products or processes accessible through our Website; or
- insert any code or product or manipulate the Website in any way.
General information
When you come to our Website, www.optsp.com.au, we may collect certain information such as browser type, operating system, websites visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
Cookies
We may from time to time use cookies on our Website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our Website.
Our Website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on our Website or other websites you visit.
Third party sites
Our Website may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Optimal Site Performance is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our Website, to read the privacy statements of each and every website that collects personal identifiable information.
Suspending or terminating site access
We may suspend or terminate your access to and use of our Website, without notice, if you are in breach of these terms.
Viruses
We make every attempt to ensure that the website is free of viruses and other malicious code which may affect your computer systems. However, your access to and use of our Website is at your own risk and you must take your own precautions to avoid and protect your computer systems against any viruses and other malicious code.
Cyber security
If, due to events beyond our reasonable control, you incur any loss or damage arising from a cyber security event in relation to our Website, email communications, payment gateway providers or products, you acknowledge that we are not liable.
