Legal

Privacy Policy

This Privacy Policy explains how Clark Family Pty Ltd as Trustee for The Clark Family Trust, trading as NicheWeb Calculators, ABN 35 957 893 714 (“NicheWeb”, “we”, “us” or “our”), collects, holds, uses and discloses personal information.

It applies to our websites, customer portal, hosted calculator platform, calculator embeds, reports, lead-generation features, support services and related activities.

We are committed to handling personal information responsibly and, where applicable, in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles and other applicable privacy and data-protection laws.

1. Scope and roles

This Policy covers personal information about:

subscribers, prospective subscribers and their personnel;
website visitors and people who contact us;
Calculator Users who use a calculator on a Subscriber Website;
suppliers, contractors and business contacts; and
other individuals whose information we receive in operating the Service.

For Subscriber account, billing, support, security and platform-administration information, NicheWeb generally determines why and how the information is handled.

For information entered by Calculator Users through a calculator operated for a Subscriber, the Subscriber generally determines why that information is collected and how it will be used. In that context, NicheWeb primarily hosts and processes the information to provide the Service. Calculator Users should also read the privacy policy of the relevant Subscriber Website.

2. What is personal information?

Personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether or not the information is true or recorded in material form.

3. Information we collect

3.1 Subscriber and account information

We may collect:

name, job title and organisation;
email address, telephone number and postal address;
account login and authentication information;
business name, website, authorised domains and branding details;
subscription, order, invoice and payment-status information;
communications, support requests and feedback;
marketing preferences; and
records of acceptance of terms and policies.

3.2 Calculator User information

Depending on the Calculator, configuration and Plan, we may process information entered by a Calculator User, such as:

name, email address and telephone number;
postcode, country or general location;
financial amounts, loan details, income, expenses, assets, liabilities or repayment information;
insurance needs, business information, cover estimates or related scenario information;
preferences, selected options and calculator assumptions;
Report requests and requests to be contacted by the Subscriber; and
other information entered into free-text fields.

Calculator Users should avoid entering sensitive information unless it is genuinely required and the calculator clearly asks for it. Subscribers must not configure or use the Service to collect sensitive information without our prior written approval and an appropriate lawful basis.

3.3 Technical and usage information

We may automatically collect:

IP address and approximate location derived from it;
browser, device, operating-system and language information;
referring page, Authorised Domain and pages or features used;
timestamps, request identifiers, error logs and security events;
Calculator sessions, completion events, Report generation and lead events;
cookie identifiers and similar online identifiers; and
aggregated usage statistics.

3.4 Payment information

Payments may be processed by a third-party payment provider. We generally do not store complete payment-card numbers or card security codes. We may receive limited payment information such as card type, last four digits, expiry status, billing address, transaction identifier and payment outcome.

3.5 Information from third parties

We may receive information from:

a Subscriber, where the Subscriber creates or manages an account for a staff member;
payment, email, analytics, security, hosting and customer-support providers;
publicly available business sources;
referral partners; and
government agencies, courts or regulators where authorised or required by law.

4. How we collect information

We collect information when an individual:

visits our Website or uses the Service;
creates an account, starts a Plan or places an order;
uses a Calculator or requests a Report;
submits a lead or asks a Subscriber to make contact;
contacts support, sends an email or completes a form;
participates in a survey, demonstration or promotion; or
otherwise provides information to us or to a Subscriber through the Service.

We also collect technical information automatically through server logs, cookies, scripts and similar technologies.

5. Why we collect, use and disclose information

We may handle personal information to:

provide, operate, maintain and secure the Service;
create and administer accounts and subscriptions;
verify domains, Licences, Plans and feature entitlements;
process payments, invoices, renewals and refunds;
run Calculators and generate, store, email or deliver Reports;
forward enquiries and contact requests to the relevant Subscriber;
provide support and respond to communications;
monitor performance, diagnose errors and prevent misuse or fraud;
develop, test and improve Calculators, Reports and platform features;
produce aggregated and de-identified analytics;
send service messages, renewal notices and legal notices;
send marketing communications where permitted;
manage disputes, enforce agreements and protect legal rights;
comply with laws, court orders and regulatory requirements; and
carry out a business sale, restructure, financing or due-diligence process.

6. Calculator leads and Report delivery

Where a Calculator User asks for a Report or requests contact, we may disclose the information submitted to the Subscriber whose Calculator the person used. That Subscriber may contact the Calculator User in accordance with its own privacy policy, notices and legal obligations.

We do not guarantee that every Report or enquiry email will be delivered. Email delivery can be affected by incorrect addresses, spam filters, mailbox limits and third-party email systems.

We do not sell identifiable Calculator User lead information or use it to market unrelated products directly to those users, unless the individual has separately and expressly agreed to receive communications from us.

7. Legal grounds for handling information

Depending on the circumstances and applicable law, we handle personal information because:

it is reasonably necessary to provide the Service or perform a contract;
the individual or Subscriber has consented;
we have a legitimate business interest that is not overridden by the individual’s rights;
we must comply with a legal obligation; or
the handling is otherwise authorised or required by law.

8. Direct marketing

We may send subscribers and business contacts information about the Service, new Calculators, renewals, upgrades, offers and related products where permitted by law.

You may opt out of marketing emails using the unsubscribe link or by contacting support@niche-web.com. We may still send non-marketing messages relating to security, billing, service operation, legal notices or an active account.

9. Cookies and similar technologies

We may use cookies and similar technologies to:

maintain sessions and authentication;
remember settings and preferences;
verify Licences and Authorised Domains;
protect the Service from fraud and abuse;
measure usage and performance; and
understand how the Website and Calculators are used.

The cookies we currently use are all necessary for the Service to function, such as sessions, authentication and Licence/domain verification. We do not currently use analytics or advertising cookies. Browser settings can be used to block or delete cookies, but doing so may prevent parts of the Service from operating correctly.

10. Disclosure of personal information

We may disclose personal information to:

the relevant Subscriber when a Calculator User requests a Report, contact or other Subscriber service;
staff, contractors and related entities that need access to perform their duties;
hosting, cloud storage, database, security and content-delivery providers;
email, communications, support and customer-management providers;
payment processors, accountants and financial institutions;
analytics, monitoring and error-diagnostic providers;
professional advisers, insurers and auditors;
law-enforcement bodies, regulators, courts and government agencies where authorised or required;
a purchaser, investor or successor involved in a proposed or completed business transaction; and
other parties with the individual’s consent or as permitted by law.

We require service providers to handle information only for authorised purposes and to use appropriate confidentiality and security measures.

11. Overseas disclosure and storage

We operate an internet-based service and may use service providers located outside Australia. Personal information may be stored in or accessible from countries of our discretion. The countries involved may change as providers update their infrastructure. Where required by law, we take reasonable steps to ensure that overseas recipients handle personal information consistently with applicable privacy requirements.

12. Security

We use reasonable technical and organisational safeguards designed to protect personal information from misuse, interference, loss and unauthorised access, modification or disclosure. Measures may include:

encrypted network connections;
access controls and authentication;
domain and Licence verification;
logging, monitoring and security testing;
backups and recovery procedures;
staff and contractor confidentiality obligations; and
careful selection of service providers.

No system is completely secure. Individuals should take care when sending information online and should not submit information that is unnecessary for the Calculator or enquiry.

13. Data breaches

We maintain procedures for assessing and responding to suspected data breaches. Where required, we will notify affected individuals and the Office of the Australian Information Commissioner or another relevant regulator.

Subscribers must promptly notify us if they become aware of a security incident involving the Service, an Embed, account credentials or Calculator User information.

14. Data quality

We take reasonable steps to ensure that personal information we collect, use or disclose is accurate, up to date, complete and relevant. Subscribers and individuals should notify us when account or contact information changes.

Calculator inputs are generally supplied by Calculator Users. We do not independently verify the accuracy of those inputs.

15. Retention and deletion

We retain personal information only for as long as reasonably necessary for the purposes described in this Policy, including to provide the Service, maintain security, resolve disputes, comply with legal obligations and keep appropriate business records.

Retention periods vary according to the type of information. For example:

Information	Typical retention approach
Account and billing records	For the account term and any additional period required for tax, accounting, dispute and legal purposes
Generated PDF Reports	Not retained. The Report file is deleted as soon as it has been successfully emailed to the Calculator User. If delivery fails, a copy is kept temporarily in a secure, non-public location as a backup so the Report is not lost, until delivery can be completed
Calculator inputs and lead/enquiry records	Retained on an ongoing basis as the enquiry record used to forward, audit and support the enquiry, subject to Subscriber configuration and legal obligations
Security logs	For a reasonable period necessary for fraud prevention, diagnostics and incident investigation
Backups	Until overwritten or securely expired under backup-rotation procedures

When personal information is no longer required and we are not legally required to retain it, we take reasonable steps to delete or de-identify it.

[INSERT SPECIFIC RETENTION PERIODS FOR ACCOUNT/BILLING RECORDS, CALCULATOR INPUTS AND LEAD/ENQUIRY RECORDS, SECURITY LOGS AND BACKUPS ONCE FINALISED.]

16. Access to personal information

You may request access to personal information we hold about you by contacting support@niche-web.com.

We may ask you to verify your identity. We will respond within a reasonable period and provide access in a reasonable form where practicable. We may refuse access where authorised by law, in which case we will generally provide written reasons and information about available complaint mechanisms.

17. Correction

You may ask us to correct personal information that is inaccurate, out of date, incomplete, irrelevant or misleading. We will take reasonable steps to assess and, where appropriate, correct the information.

Subscribers may be able to update account and business information directly through the customer portal.

18. Deletion, restriction and objection requests

Depending on applicable law and our role in relation to the information, an individual may request deletion, restriction, portability or object to certain processing.

Where the request concerns information submitted through a Subscriber Website, we may refer the individual to the relevant Subscriber or work with the Subscriber to respond. We may retain information where required for legal, security, accounting or dispute purposes.

19. Anonymity and pseudonyms

Where lawful and practicable, individuals may interact with us anonymously or using a pseudonym. Identification will generally be required to create and administer a subscription, process a payment, provide account support, deliver a personalised Report or respond to an access request.

20. Children

The Service is intended for businesses and adults. It is not directed to children under 18. Subscribers must not knowingly use the Service to collect children’s personal information without our prior written approval and all legally required consents and safeguards.

21. Third-party websites

Our Website and the Service may contain links to third-party websites. We are not responsible for the privacy practices of websites or services we do not control. Individuals should review the relevant third-party privacy policy.

22. Complaints

A privacy complaint may be submitted to:

Privacy Officer
Clark Family Pty Ltd as Trustee for The Clark Family Trust
Email: support@niche-web.com
Address: 43 Larch Street, Tallebudgera QLD 4228

Please describe the concern and provide enough information for us to investigate. We will acknowledge and investigate complaints within a reasonable period and aim to provide a written response.

If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner through www.oaic.gov.au. Other local privacy regulators may also have jurisdiction depending on where you live.

23. Changes to this Policy

We may update this Privacy Policy to reflect changes in law, technology, providers or the Service. The updated version will be published on the Website with a revised “Last updated” date. We will provide additional notice of material changes where appropriate.

24. Contact us

Clark Family Pty Ltd as Trustee for The Clark Family Trust
Trading as NicheWeb Calculators
ABN: 35 957 893 714
Address: 43 Larch Street, Tallebudgera QLD 4228
Privacy email: support@niche-web.com
Support email: support@niche-web.com