Privacy Statement and Terms and Conditions

Building Forensics Australia (“we”, “us”, “our”) is committed to managing personal information in an open and transparent way in accordance with the Privacy Act 1988 (Cth), Privacy and Other Legislation Amendment Act 2024 and the Australian Privacy Principles (APPs). This Privacy Policy explains how we collect, hold, use, and disclose personal information in connection with our building consulting, forensic investigation, and expert witness services.

1. Purpose of This Policy

This Policy applies to all personal information collected by Building Forensics Australia in the course of providing services to clients, insurers, legal representatives, and other stakeholders. It describes:

  • the types of information we collect
  • how and why, it is collected
  • how we use and disclose this information
  • how information is stored and secured
  • how you may access or correct your information
  • how to make a privacy complaint
2. Types of Information We Collect

We collect personal information that is reasonably necessary for the performance of our functions and activities, including:

2.1 Personal Identification Information

  • Name
  • Residential or postal address
  • Email address
  • Telephone numbers
  • Business or company details
  • Job title or professional role

2.2 Project, Claim, or Dispute-Related Information

  • Information relating to building reports, defects, insurance claims, or disputes
  • Photographs, videos, plans, engineering documents, and related technical materials
  • Statements, correspondence, and evidence provided for forensic or expert witness purposes

2.3 Sensitive Information (Limited Circumstances)

We generally do not collect sensitive information unless required for a specific legal matter or claim, and only with your consent or as permitted by law.

2.4 Financial & Transactional Information

  • Billing details
  • Payment information
  • Records of fees, invoices, and transactions

2.5 Website and Digital Information

  • IP address
  • Browsing data
  • Cookies and analytics information
    This data does not personally identify you unless voluntarily supplied.
3. How We Collect Personal Information

We may collect information:

3.1 Directly from You

  • When you submit an enquiry
  • During inspections, consultations, or assessments
  • Through email communications, phone calls, meetings, or online forms

3.2 From Third Parties

Where reasonably necessary for service delivery, we may receive information from:

  • Insurers, assessors, loss adjusters
  • Legal representatives and solicitors
  • Engineers, builders, contractors, or other consultants
  • Government agencies and regulatory bodies
  • Publicly available sources (e.g., title searches, company registers)

3.3 Automatic Collection

Through website analytics and cookies consistent with standard internet practice.

4. Why We Collect, Hold, Use, and Disclose Information

We handle personal information for the following purposes:

4.1 Service Delivery

  • Conducting building forensic investigations
  • Preparing technical reports, expert witness statements, and court-ready documents
  • Providing opinions for litigation, insurance claims, and dispute resolution
  • Managing site inspections, communications, and project administration

4.2 Business Operations

  • Billing and payment management
  • Internal record-keeping and administrative support
  • Quality assurance and staff training
  • Improving our services and website

4.3 Legal and Regulatory Compliance

  • Meeting obligations under law, court orders, or regulatory directions
  • Responding to subpoenas, discovery processes, or lawful requests
5. Disclosure of Personal Information

We may disclose your information to:

  • Insurers, loss adjusters, and authorised representatives involved in your matter
  • Solicitors, barristers, or other legal practitioners
  • Engineering specialists, technical consultants, or subcontractors
  • Courts, tribunals, or dispute resolution bodies
  • IT providers, data storage services, and administrative support services
  • Government or regulatory authorities when required by law
  • Where we believe it is necessary to protect our rights.

We do not sell, trade, or rent personal information.

6. Storage and Security

We take reasonable steps to protect personal information from:

  • Unauthorised access
  • Loss or theft
  • Misuse or interference
  • Modification or disclosure

Security measures include:

  • Secure electronic storage systems
  • Access controls and authentication protocols
  • Encrypted backups where applicable
  • Confidentiality obligations for all employees and contractors

Where information is no longer required, we take reasonable steps to destroy or de-identify it unless otherwise required by law. We follow generally accepted industry standards to protect the information we collect. That said, no data security measures are 100% secure. Therefore, while we implement reasonable physical, technical, and administrative measures to protect the information we collect, we cannot guarantee its absolute security.

7. Overseas Disclosure

We generally do not disclose personal information to overseas recipients.
If overseas disclosure becomes necessary for service delivery (e.g., international legal parties or cloud service providers), we will ensure it is done in accordance with the APPs.

8. Access to and Correction of Personal Information

You have the right to request:

  • Access to the personal information we hold about you
  • Correction of information that is inaccurate, incomplete, or out of date

Requests can be made in writing to the contact details below. We may require identity verification before releasing information.

If you have any questions regarding this Privacy Statement, please contact us at info@buildingforensics.com.au

Terms & Conditions – Building Forensics Australia

By accessing or using this website (the “Site”), you agree to be bound by these Terms and Conditions. If you do not agree with these terms, please do not use this Site.

01. Use of the Site

The content and materials on this Site, including text, graphics, images, reports, and documents, are provided for general informational purposes only. Your use of this Site is at your sole risk. Building Forensics Australia makes no warranties regarding the accuracy, completeness, or reliability of any content.

02. Professional Advice

The information on this Site is not intended as professional or legal advice. You should seek independent professional advice regarding your specific circumstances. Use of the Site does not create any consultant-client relationship with Building Forensics Australia.

03. Intellectual Property

All content on this Site, including trademarks, logos, graphics, text, and reports, is owned or licensed by Building Forensics Australia and is protected by copyright and other intellectual property laws. You may not reproduce, distribute, or otherwise use any content from this Site without prior written consent.

04. Limitation of Liability

To the maximum extent permitted by law, Building Forensics Australia, its officers, directors, employees, agents, licensors, and suppliers are not liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with your access to or use of this Site, its content, or any linked websites. This includes damages for loss of profits, data, or other intangible losses.

05. Indemnification

By accessing or using this Site, you agree to indemnify, defend, and hold harmless Building Forensics Australia, including its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers, from and against all claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:

  1. Any breach of these Terms and Conditions;
  2. Your misuse or unauthorised use of this Site, its content, information, or materials; or
  3. Any violation of applicable laws or regulations in connection with your use of the Site.

Your indemnification obligations survive the termination of your use of the Site. Building Forensics Australia reserves the right, at its sole discretion and expense, to assume the exclusive defence and control of any matter subject to indemnification by you, and you agree to cooperate fully with Building Forensics Australia in such defence.

06. External Links

This Site may contain links to third-party websites for your convenience. Building Forensics Australia does not control and is not responsible for the content, accuracy, or practices of these sites. Links are provided for informational purposes only.

07. Privacy

Your use of this Site is subject to our Privacy Policy, which explains how we collect, store, and protect your personal information. Please review our Privacy Policy.

08. Cookies

When you access or use the Building Forensics Australia website, certain information may be collected automatically using cookies and similar technologies. Cookies help us improve your browsing experience, understand how visitors use our site, and enhance the performance and functionality of our online services.

09. Changes to Terms

Building Forensics Australia may update these Terms and Conditions at any time without notice. Your continued use of the Site constitutes acceptance of the updated terms.

10. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of Australia. Any disputes arising from the use of this Site shall be subject to the exclusive jurisdiction of the courts of that state or territory.

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