Terms & Conditions

WEBSITE STANDARD STATEMENTS

Copyright
TCB, Jones Lang LaSalle and Forwin International and related logos are trademarks registered in Australia. Copyright in the information provided on, and available from, this site is owned by TCB. You may not alter or modify this information in any way. This information may be viewed online and may be reproduced in hard copy only for your personal reference. You may only use the trademarks and copyright material at this site with TCB express permission and in accordance with TCB directions from time to time. The use of, and creation of links to, this site are at the risk of the user and arr subject to TCB rights and the user's general legal obligations. TCB makes no warranty and accepts no liability in relation to use of the trademarks outside Australia. For further information about creating links to this site and about using TCB material, see our guidelines below or contact TCB.

Disclaimer
TCB, its management and owner, do not warrant the accuracy, completeness or currency of information that is made available through this site. Except for statutory liability which may not be excluded, TCB, its management and owner, will not be liable for or in connection with any loss or damage arising from any inaccuracies, errors or omissions in information made available through this site. However, TCB, its management and owner, will endeavour to ensure that information is updated as soon as practicable when it becomes aware that material changes have occurred.

Privacy Policy
The personal information you provide to us will be retained only for as long as necessary to fulfill the purposes for which the information was collected or as required by law. We do not share personal information with third parties except as necessary to carry out our business or your request or as required by law or other legal processes, and we will never sell your personal information. TCB complies with the national privacy act.

TCB recognizes its responsibility for protecting the online privacy of your personal information. If you have any questions or comments about our administration of your personal information, or would like to opt out of receiving any marketing material from us, please contact us. You may also use this address to communicate any concerns you may have regarding compliance with this Privacy Policy.

Privacy Statement
This Privacy Policy sets out the approach which The TCB will take in relation to the treatment of Personal Information. It includes information on how The TCB collects, uses, discloses and keeps secure, individuals' Personal Information. This policy has been drafted having regard to The TCB obligations under the Privacy Act 1988 (including the new National Privacy Principles) (the Privacy Act). This Policy is a public document and has been prepared in light of National Privacy Principle 5, Openness.

1. COLLECTION
1.1 The TCB will only collect Personal Information where the information is necessary for The TCB to perform one or more of its functions or activities. In this context, "collect" means gather, acquire or obtain by any means, information in circumstances where the individual is identifiable or identified.
1.2 The TCB collects Personal Information primarily to supply customers with the products and services ordered from it and its related companies. The TCB also collects and uses Personal Information for secondary purposes including:
• i. billing and account management
• ii. business planning and product development; and
• iii. to provide individuals with information about promotions, as well as the products and services of The TCB affiliated companies and other organisations.
• iv. to enhance the online shopping experience by displaying products and/or services that match the personal preferences of individuals based on their previous website browsing history and/or buying activity.
1.3 The TCB will not collect Sensitive Information from individuals except with consent and only where it is necessary for The TCB to collect such information for an activity or function.
1.4 The TCB will not collect Personal Information secretly or in an underhanded way.
1.5 The TCB will take steps to ensure that individuals on purchased lists are or have been notified of the information as outlined at 1.3.

2. USE
2.1 The TCB will obtain an individual's consent for Use of non-sensitive Personal Information for Secondary Purposes at the time of collection, unless the Use is a related Secondary Purpose which would be within the relevant individual's Reasonable Expectations.
2.2 The TCB Uses Personal Information primarily for the purposes listed in 1.2 above.
2.3 If The TCB relies on the Direct Marketing exception to Direct Market to individuals it will ensure that:
• i. the individual is clearly notified of their right to Opt Out from further Direct Marketing;
• ii. there is only one Use of the information before the Opt Out right is given and this Use applies across all The TCB Related Bodies Corporate (if the information is shared between those Related Bodies Corporate);
• iii. the individual is given an Opt Out in all further instances of Direct Marketing if they have not previously chosen to Opt Out; and
• iv. if the individual Opts Out of all Direct Marketing the Opt Out will be respected by The TCB and all its Related Bodies Corporate.
2.4 The TCB will not use Sensitive Information for Direct Marketing.
2.5 The TCB may use Personal Information to avoid an imminent threat to a person's life or to public safety. It may also use Personal Information for reasons related to law enforcement or internal investigations into unlawful activities.
2.6 The TCB will not use Personal Information without taking reasonable steps to ensure that the information is accurate, complete and up to date.

3. DISCLOSURE
3.1 The TCB may Disclose Personal Information to related or unrelated third parties if consent has been obtained from the individual. This will include obtaining the individual's consent for Disclosures made under the credit reporting requirements of the Privacy Act.
3.2 The TCB may Disclose Personal Information between Related Bodies Corporate. Where information is Disclosed to such a Related Body Corporate, that Related Body Corporate is bound by the original Primary Purpose for which the information was collected.
3.3 The TCB may Disclose Personal Information to unrelated third parties to enable outsourcing of functions (such as billing, customer relations management and order fulfillment), where that is Disclosure or Use for a related Secondary Purpose and has been notified to individuals or where such Disclosure is within the individual's Reasonable Expectations.
3.4 The TCB will take reasonable steps to ensure that its contracts with third parties include requirements for third parties to comply with the Use and Disclosure requirements of the Privacy Act.
3.5 The TCB may Disclose Personal Information to law enforcement agencies, government agencies, courts or external advisers where permitted or required by law.
3.6 The TCB may Disclose Personal Information to avoid an imminent threat to a person's life or to public safety.
3.7 If a Disclosure is not for a Primary Purpose; is not for a related Secondary Purpose; or upfront consent has not been obtained, The TCB will not Disclose Personal Information otherwise than in accordance with the exceptions set out at 3.1 to 3.6 above.
3.8 The TCB does not generally sell or share its customer lists on a commercial basis with third parties but if it did, it would only do so if we had the appropriate consent of the individual involved. If the consent provided is conditional, The TCB will take steps to ensure (by contract) that the use of its customer list by third parties does not exceed the scope of the consent.

4. INFORMATION QUALITY
4.1 The TCB will review, on a regular and ongoing basis, its collection and storage practices to ascertain how improvements to accuracy can be achieved.
4.2 The TCB will take steps to destroy or de-identify Personal Information after as short a time as possible and after a maximum of seven years from the date of the last customer interaction, unless the law requires otherwise.

5. INFORMATION SECURITY
5.1 The TCB requires employees and contractors to perform their duties in a manner that is consistent with The TCB legal responsibilities in relation to privacy.
5.2 The TCB will take all reasonable steps to ensure that paper and electronic records containing Personal Information are stored in facilities that are only accessible by people within The TCB who have a genuine "need to know" as well as "right to know".
5.3 The TCB will review, on a regular and ongoing basis, its information security practices to ascertain how ongoing responsibilities can be achieved and maintained.

6. ACCESS AND CORRECTION
6.1 The TCB will allow its records containing Personal Information to be accessed by the individual concerned in accordance with the Privacy Act.
6.2 The TCB will correct its records containing Personal Information as soon as practically possible, at the request of the individual concerned in accordance with the Privacy Act.
6.3 Individuals wishing to lodge a request to access and/or correct their Personal Information should do so by contacting The TCB Customer Service, as per the details on the website.
6.4 The TCB can charge a fee for processing an access request but will generally not do so unless the request is complex or is resource intensive.

7. OPENNESS
7.1 The TCB Customer Service representatives will be the first point of contact for inquiries about privacy issues. Individuals wishing to make an inquiry or complaint regarding privacy, should do so by contacting The TCB Customer Service, as per the details on the The TCB website.
7.2 The TCB websites will contain a prominently displayed privacy statement and will include a copy of this The TCB Privacy Policy.

8. ANONYMOUS TRANSACTIONS
8.1 The TCB will not make it mandatory for visitors to its web sites to provide Personal Information unless such Personal Information is required to answer an inquiry or provide a service. The TCB may however request visitors to provide Personal Information voluntarily to The TCB (for example, as part of a competition or questionnaire).

9. TRANSFERRING PERSONAL INFORMATION OVERSEAS
9.1 The TCB will take reasonable steps to limit the amount of Personal Information it sends to unrelated organisations overseas.
9.2 If Personal Information must be sent by The TCB overseas for sound business reasons, The TCB will require the overseas organisation receiving the information to provide a binding undertaking that it will handle that information in accordance with the National Privacy Principles, preferably as part of the services contract.

10. GLOSSARY
Collection Information means the information outlined in 1.3 notified to individuals prior to, or as soon as practical after, the collection of their Personal Information.

Direct Marketing means the marketing of goods or services through means of communication including written, verbal or electronic means. The goods or services which are marketed may be those of The TCB or a Related Body Corporate or those of an independent third party organisation.

Disclosure generally means the release of information outside The TCB, including under a contract to carry out an "outsourced function".
Health Information means: a. information or an opinion about: i. the health or a disability (at any time) of an individual; or ii. an individual's expressed wishes about the future provision of health services to him or her; or iii. a health service provided or to be provided to an individual; that is also personal information; or b. other personal information collected to provide or in providing a health service; or c. other personal information about an individual collected in connection with the donation; or intended donation by the individual of his or her body parts or body substances.

Opt Out means an individual's expressed request not to receive further Direct Marketing.
The TCB means all companies in the The TCB (aust.) Pty Ltd group.
Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained from the information or opinion.

Primary Purpose is the dominant or fundamental reason for information being collected in a particular transaction.
Reasonable Expectation means a reasonable individual's expectation that their personal information might be Used or Disclosed for the particular purpose.

Related Body Corporate means that where a body corporate is: a holding company of another body corporate; a subsidiary of another body corporate; or a subsidiary of a holding company of another body corporate, the first mentioned body corporate and the other body corporate are deemed to be related to each other.
Sensitive Information means:

• a. information or an opinion about an individual's:
o i. racial or ethnic origin; or
o ii. political opinions; or
o iii. membership of a political association; or
o iv. religious beliefs or affiliations; or
o v. philosophical beliefs; or
o vi. membership of a professional or trade association; or
o vii. membership of a trade union; or
o viii. sexual preferences or practices; or
o ix. criminal record; that is also personal information or
• b. Health Information about an individual.
Use means the handling of Personal Information within The TCB.

The TCB Privacy Statement
Please read for information on privacy safeguards on our web sites. This includes information as to how we collect, use and disclose information gathered on our web sites, including the use of cookies.

1. What Personal Information does The TCB collect?
The types of personal information that The TCB records will depend on your usage of our site. If you carry out a transaction online or send us an email, The TCB will record information that may differ from the information The TCB collects if you simply visit our site.

• i. Purchasing products or services:
If you purchase products or services or apply to become a The TCB customer, The TCB requires you to provide certain details so that we can establish an account (if applicable) and provide you with the product or service. This includes details such as your name and contact information, or in the case of businesses, information about the company, department or association making the purchase or setting up the account. The TCB requires this information to help us process and manage your account. The TCB also requests information to help us assess your credit worthiness (if applicable). Further details about this can be found in the terms and conditions for the product or service you are purchasing. If you purchase a product or service The TCB also requires your credit card details in order to process the purchase. The TCB may also request information about you in order to help you decide which product or service would best suit your needs.

• ii. Paying your account online or making other enquiries about your account:
If you pay your account online, The TCB requires you to provide your account details and credit card details in order to process the payment. If you make an online query about your account you will be required to provide your account details, password and contact details so that your inquiry can be resolved as soon as possible.
• iii. General requests:

You can use the online forms for a number of other purposes such as to request further information about other The TCB products and services. In order to process your request, we will require you to provide us with certain personal information. This includes such details as your name and contact information and information about any existing account. If you send us an email request, we will ask for similar information. We require this information to process your request and to improve the services we provide to you. When you are carrying out a transaction or simply making a query, The TCB may also ask for information such as details about yourself or your company in order that The TCB can better tailor its services or products to your needs and to provide you with information about a range of The TCB services or products you might be interested in. The TCB may also conduct voluntary surveys or request other voluntary information from time to time. These surveys provide The TCB with important information that enables improvement in the types and quality of services offered and the manner in which those services are offered. It will always be clear whether the information requested is mandatory or voluntary.
• iv. Navigation Information:

Each time you visit The TCB web site, anonymous navigation information is collected by our servers. This information includes: the type of browser and operating system you are using; the address of the referring site (ie the previous site you had visited) and the website you leave our site to visit; o the date and time of your visit; your server's IP address (a number which is unique to the machine); and the address of the pages you accessed. This provides The TCB with information about how the web site is used and navigated, including the number of hits, the frequency of visits and the duration of visits to each web page on the site. It does not personally identify individual users unless the user has previously elected to identify themselves by submitting personal information. In addition, The TCB web site, like many others, uses cookies. A cookie is a piece of information that the website sends to your browser and which is stored on your hard disk. A cookie helps to identify your browser to the website when you return to visit the site and identifies the previous requests your browser has made. This allows the site to be tailored to you on your return visits. Cookies cannot identify you personally. If you do not wish to receive cookies it is likely that you can disable their use by altering the security settings on your web browser however this may impede your ability to use parts of the site (for example, the shopping trolley). Your web browser might also contain a mechanism that warns you that a site you are visiting makes use of cookies.

2. What Happens with Your Personal Information?
The personal information collected from you at this site is or may be used:
• for credit verification purposes;
• for billing purposes;
• to maintain your account;
• to notify you about other or new services or promotions from time to time;
• to provide customer support;
• in order to provide you with the products, services or information you have requested.
Aspects of these functions may be outsourced to third parties who are only authorised by The TCB to use this information for these purposes. The TCB may also use its customer database, including information provided by you through this web site, to distribute information about other The TCB services and other organisations' services to you. If at any time you no longer wish to receive email or postal communications from The TCB or from third parties, you can contact The TCB customer service at any time and make an 'opt out' request, as per details at the end of this Statement. Information collected on this site may also be combined and de-identified to provide The TCB with anonymous demographic and usage information. The TCB can then use this aggregated information to develop new and/or more appropriate services and products to offer to customers and may also be provided to third parties. In addition, anonymous navigation information may be used for statistical analysis of the site, for marketing purposes and to tailor the content of the site to the needs of The TCB customers. Statistical information is not disclosed in connection with your personal information.

3. Will personal information be given to anyone else?
Personal information collected at this site will only be disclosed to third parties in accordance with this Privacy Statement and with the terms and conditions of any relevant service. You should check the terms and conditions of individual products and services for information about disclosures. Information collected at this site may be disclosed to third parties where functions are being outsourced. The TCB may also disclose personal information to law enforcement agencies, government agencies, courts or external advisors where permitted or required by law.

4. Access and Correction
Once you have registered as a The TCB customer, you may access your account details and correct your personal information, by logging into your The TCB Customer Account. You can lodge an access request with The TCB customer service at any time as per the details at the end of this Statement.

5. Are personal account details safe when being transmitted?
The TCB strives to protect your personal information during its transmission. Customer account information provided through this site is held in a secure server environment behind The TCB firewalls. The TCB secure server software (SSL) is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including your name and address, so that it cannot be read as the information travels over the Internet. However, while The TCB maintains high standards in protecting your security, no transmission over the Internet or storage of information on servers connected to the Internet can be guaranteed to be absolutely secure.

6. Are personal account details stored safely
The TCB takes reasonable steps to ensure the security of personal information held by it from such risks as loss or unauthorised access, destruction, use, modification or disclosure of data. The TCB only permits your details to be accessed by authorised personnel. For what purpose does The TCB require your Personal Information? The TCB collects and uses Personal Information about you primarily to supply you with the products and services you order from it and its related companies (The TCB Group Companies). The TCB also collects and uses Personal Information for related (or secondary) purposes including:

• a. billing and account management;
• b. business planning and product development; and
• c. to provide you with information about promotions, as well as the products and services
The TCB Group companies and other organisations. How The TCB may use your Personal Information? The TCB may disclose Personal Information about you (for the purposes set out in clause 1) to:
• a. any of the The TCB Group companies;
• b. The TCB agents, dealers, contractors and franchisees;
• c. The TCB suppliers who need access to the Personal Information to provide The TCB with services, enabling The TCB Group companies to supply you with the products and services you have ordered.

When and how can you opt out?
If you wish only to receive communications that are account-related or legally required, you may request not to receive other communications (ie you may "opt out"). If you wish to make a request to opt-out, you can do so at any time by letting The TCB know of your request by following the Unsubscribe instructions on any piece of electronic mail from The TCB or by contacting the The TCB customer service by clicking here. If you provide The TCB with an opt-out request, The TCB will activate your request as soon as reasonably possible after receiving it. The TCB will not charge you for processing a request to opt-out.
Your right to access your records.

You may request access to Personal Information The TCB holds about you, and The TCB will grant you access unless it is required or permitted to refuse such a request. You may also request that information about you be corrected if you think that it is not accurate. You should contact us if you require more information. The TCB rights to disclose your credit information. For the purpose of processing some orders and ongoing credit management of your account, The TCB may need to disclose to a credit reporting agency:
• a. personal identifying details, including your name, current and previous addresses, driver's licence number, date of birth and employer;
• b. the fact you have purchased a The TCB product or service, and any credit limit on your account;
• c. the amount of any payments which are overdue for at least sixty (60) days, when steps have been taken by The TCB to recover those overdue payments;

• d. where an overdue payment has been previously reported, advice that the payment is no longer overdue;
• e. cheques or credit card payments which have been dishonoured;
• f. court judgments or bankruptcy orders made against you;
• g. that, in the opinion of The TCB, you have committed a serious credit infringement; and
• h. when The TCB ceases to provide products or services to you.
You authorise The TCB to disclose the information described in clause 7 to a credit reporting agency. You also authorise The TCB to seek from or give to any credit providers authorised by you or named in a credit report or to other telecommunications providers (carriers or carriage service providers), and The TCB franchisees, agents, contractors and outlets, the same information and any other information on this form and any other information on your credit worthiness, credit history or credit capacity that credit providers are allowed to give under the Privacy Act. You authorise The TCB to obtain and use personal credit information (eg; your existing household loans and personal credit card history) for the purpose of considering an application by you for commercial credit; (to use the The TCB service and your phone as a sole trader.) You authorise The TCB to obtain and use commercial information about your commercial credit worthiness or commercial history (your existing credit record as a sole trader) when considering an application for consumer credit, for example where the Service will be used for domestic purposes. The TCB may refuse or cancel the supply of products or services on the basis of its credit assessment of you. You are entitled to see, and to correct, any credit information which The TCB holds about you.
Contacting The TCB
The TCB is concerned to ensure that your Internet experience is a safe and enjoyable one. If you have any questions or comments about this Privacy Statement you can contact The TCB on:
• Telephone: (07) 3231 1478 or Fax: (07) 3257 1341
• By email: info@tcb.com.au
• By mail: 20-28 Duncan Street
Fortitude Valley QLD 4006

Changes to this Privacy Statement
This Privacy Statement may change from time to time. Any changes to The TCB Privacy Statement will be highlighted in this area from time to time. This policy was last updated on 1st of June 2006.

Guidelines
If you wish to create a link from your site to the TCB site, in addition to the general terms and conditions you have read and agreed to above, you acknowledge the following:
• You may link your site only to the home page of the TCB site.
• You must display the TCB URL and icon clearly and prominently, without in any way damaging the reputation of TCB, or suggest any association between TCB and other persons, organisations, goods and services, unless approved by TCB.
• If TCB allows you to use TCB copyright material you may use it only in accordance with TCB directions from time to time, using only material supplied or approved by TCB, without any alteration and incorporating notices indicating TCB ownership of copyright material.
• TCB may take legal action in respect of any use of TCB name or copyright material, without TCB permission, other than in accordance with TCB directions or in breach of TCB rights or your general legal obligations.