Terms used in this clause 16 that are defined in the Privacy Act 1988 (Cth) (Privacy Act) will have the meaning given to them in the Privacy Act. When we collect or use personal information, we will comply with our Privacy Policy.
Without limiting the Privacy Policy, we will, in the performance of these terms:

  1. comply with the Privacy Act (even if we are not deemed to be an APP entity under the Privacy Act for the purpose of these terms);
  2. only use personal information disclosed to us as expressly permitted in these terms or as required by law, and not disclose such personal information to any third party except as required by law or with your express written consent;
  3. take reasonable steps to ensure that personal information is protected from misuse, interference and loss, as well as unauthorised access, modification or disclosure;
  4. co-operate with you in relation to your response to any privacy complaint or investigation, or request for access or correction, which relates or may relate to the personal information;
  5. notify you if we receive any complaint relating to, or request to access or correct, any of the personal information; and
  6. notify you if we become aware, or reasonably suspect, that personal information has been lost, or accessed or disclosed without authorisation.

Confidential Information
Each party to these terms must not disclose or use any Confidential Information of the other party except as reasonably necessary to perform its obligations or exercise its rights pursuant to this agreement. Each party may disclose the other party’s confidential information to comply with any applicable law. Each party agrees to take reasonable measures in order to protect the Confidential Information of the other party.
For the purpose of these terms "Confidential Information" means information of or relating to the other party (the discloser), the discloser's authorised users (of where we are the discloser, any user of our website or Platform), or the discloser's business or affairs, which by its nature is confidential, or which is designated as confidential. This includes these terms (which are ADAX's Confidential Information), business plans, marketing plans, technical information, technologies, and business processes.
This clause 15 does not apply to any information that:

  1. is publicly known or becomes publicly known other than by breach of these terms;
  2. is disclosed without restriction by a third party and without any breach of confidentiality by the third party; or
  3. is developed independently without reliance on any of the discloser's confidential information.