Privacy Statement

Last updated: 20th October 2010

Introduction and your agreement to this Privacy Policy :-

Welcome to the MyVirtualHome website (this "Website"). This Website is owned and operated by Homesoft Pty Limited (“HOMESOFT”), an Australian proprietary company limited by shares with Australian Business Number 27 143 100 001.

This privacy policy (“Privacy Policy”) is deemed to be incorporated into this Website’s terms and conditions of use (“Terms of Use”), which are available on this Website and which you should read together with this Privacy Policy. The provisions of the Terms of Use apply as if set out in full in this Privacy Policy.

The Terms of Use, including this Privacy Policy, govern your access to and use of this Website and the collection, use and disclosure of personal information (ie information or opinion about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion) (the “Personal Information”) by HOMESOFT. By accessing or using this Website you are deemed to agree to the Terms of Use, including this Privacy Policy. If you do not agree to the Terms of Use or this Privacy Policy, you must immediately exit and not access or use this Website.

Capitalised terms used but not defined in this Privacy Policy have the meaning given to them in the Terms of Use.

Collection of Personal Information :-

HOMESOFT only collects Personal Information to the extent necessary for one or more of HOMESOFT’ functions or activities.

Personal Information collected by HOMESOFT may include: (i) User Registration Information provided by Users to HOMESOFT (which may include a User’s: login user name and password; email address; name; title; date of birth; home address; postcode; country of residence; telephone numbers; payment details; and billing address); (ii) any Personal Information Users volunteer while using this Website; and (iii) Personal Information about Users from other sources, such as public records or bodies or private organisations.

If you do not provide any requested Personal Information to HOMESOFT, HOMESOFT may not be able to provide you with access to and use of this Website, the Website Material and the Services, or HOMESOFT’ other products and services.

Cookies :-

HOMESOFT may place a “cookie” (a small text file) on any computer you use to access this Website, which, among other things, assists HOMESOFT in providing you with an easy-to-use Website. When you revisit this Website, the cookie will enable HOMESOFT to recognise you as a previous User. More information on cookies can generally be found in the “help” (or similar) section of your computer’s internet web browser.

Use of Personal Information :-

HOMESOFT may use (and you are deemed to consent to HOMESOFT using) your Personal Information: (i) for the purposes for which it is collected and for any related purposes, including: (a) to provide this Website, the Website Material and the Services to you; (b) to manage HOMESOFT’ relationship with you; and (c) to obtain professional, financial, technical, administrative or other advice and services in connection with the operation of HOMESOFT’ business; (ii) for direct marketing, including to provide you with information about: (a) this Website, the Website Materials and the Services; and (b) HOMESOFT’s other products and services; (iii) to provide you with information about products and services available from its affiliated entities; (iv) to provide you with information about products and services available from unrelated third party entities; (v) to investigate, prevent or take action regarding any breach or suspected breach by you of the Terms of Use or any law or the rights of any person; and (vi) as required or authorised by or under law, and for any other purpose to which you subsequently consent from time to time.

Disclosure of Personal Information :-

HOMESOFT may disclose (and you are deemed to consent to HOMESOFT disclosing) your Personal Information: (i) for the purposes for which it is collected and for any related purposes, including: (a) to any person where necessary or desirable in connection with the provision of this Website, the Website Materials and the Services to you; (b) to any person where necessary or desirable in connection with the management of HOMESOFT’ relationship with you; and (c) to HOMESOFT’ external advisors, service providers, subcontractors and suppliers, so that they can provide professional, financial, technical, administrative or other advice and services in connection with the operation of HOMESOFT’ business; (ii) to its affiliated entities for the purpose of such affiliated entities contacting you about their products and services; (iii) to unrelated third party entities for the purpose of such entities contacting you about their products and services; (iv) to any person who acquires or expresses an interest in acquiring all or any part of HOMESOFT’s business; (v) to any person where necessary or desirable in connection with HOMESOFT investigating, preventing or taking action regarding any breach or suspected breach by you of the Terms of Use or any law or the rights of any person; and (vi) to any person as required or authorised by or under law, and to any other person to whom you subsequently consent from time to time.

Trans-border data flows :-

HOMESOFT may transfer (and you are deemed to consent to HOMESOFT transferring) your Personal Information outside of Australia: (i) where HOMESOFT reasonably believes that the person who will receive your Personal Information is subject to effective data protection obligations; (ii) where the transfer is necessary for the performance of any contract between you and HOMESOFT or for the implementation of pre-contractual measures; (iii) where the transfer is for your benefit and it is impractical for HOMESOFT to obtain your consent, but if it were practical you would be likely to consent; and (iv) as required or authorised by or under law, and where you subsequently consent from time to time.

Data quality :-

HOMESOFT takes reasonable steps to make sure that the Personal Information that HOMESOFT collects, uses or discloses is accurate, complete and up to date.

Security :-

HOMESOFT takes reasonable steps to protect the Personal Information that HOMESOFT holds from misuse and loss and from unauthorised access, modification or disclosure. HOMESOFT takes reasonable steps to destroy or permanently de-identify any Personal Information that is no longer needed for any purpose.

Access to and correction of your Personal Information :-

You may (free of charge) request that HOMESOFT confirm whether it holds any Personal Information about you and, where applicable, request that HOMESOFT provide you with a copy of your Personal Information. Where HOMESOFT agrees to provide you with a copy of your Personal Information, the provision of such Personal Information is subject to the payment of a US$20 administrative charge by you. HOMESOFT will require adequate proof of your identity before disclosing any Personal Information to you.

If you are able to establish that your Personal Information is not accurate, complete or up to date, HOMESOFT will take reasonable steps to correct such Personal Information so that it is accurate, complete and up to date. If you and HOMESOFT are unable to agree about whether your Personal Information is accurate, complete and up to date and you request that HOMESOFT associate with your Personal Information a statement claiming that such Personal Information is not accurate, complete or up to date, HOMESOFT will take reasonable steps to do so.

HOMESOFT may refuse to provide you with a copy of or to correct your Personal Information in certain circumstances, but will provide you with reasons for its refusal to do so.

Contacting HOMESOFT :-

All correspondence to HOMESOFT, including any queries you may have regarding your use of this Website or this Privacy Policy, should be sent to:

Email: support@zendesk.myvirtualhome.com

Address: PO Box 1279 Aspley QLD 4034 Australia.