WEBSITE PRIVACY POLICY
Your privacy is important to us

Holdmark NSW Pty Ltd A.C.N. ‌98152957867‌ recognises and values the protection of your personal information.

We acknowledge that you have an interest in our collection and use of your personal information via our website, which is located at www.holdmark.com.au. We have implemented this Website Privacy Policy in order to be transparent about how we collect, hold, and use your personal information, and under what circumstances we may disclose or transfer your personal information. The Website Privacy Policy also outlines your rights to gain access to, and seek corrections of, your personal information we hold. The Privacy Policy provides information about how you can approach us about your privacy-related concerns and complaints, and how we will deal with such communications. This policy applies only to information that Holdmark collects via this Website.

Information we collect and hold

You can elect to remain anonymous or use a pseudonym in interacting with us e.g. when making an enquiry. From time to time, we may ask you to supply personal information such as your name, address, date of birth, telephone number or e-mail address. Under no circumstances will we request any information from you that may disclose your: • political, religious or philosophical opinions, beliefs, associations or affiliations; • health and sexuality; • racial or ethnic origin; • membership of a trade union, or a professional or trade association; or • criminal records. Periodically, we may also conduct surveys or market research and may seek other information from you. These surveys will provide us with information that allows improvement in the quality of products and services offered to you, and the manner in which those products and services are offered to you.

Personal information via the Website

Most commercial websites use ‘cookies’, which are pieces of information that websites send to the browser and are stored in the computer hard-drive. Cookies make using the Website easier by storing information about your preferences on the Website. This allows the Website to be tailored to you for any of your return visits. Cookies will not identify you personally. If you would prefer not to receive cookies, you can alter your security settings on your web browser to disable cookies or to warn you when cookies are being used. By disabling the cookie function in your web browser you may impede your ability to use parts of the Website.

Your option not to provide your personal information

Providing us with your personal information is optional, but may be necessary for us to provide you with our services. Whenever it is optional for you to provide us with non-essential personal information, we will make this clear to you. When you provide us with your personal information, you are consenting to our storage, use and disclosure of that information as outlined in this Website Privacy Policy. We may run competitions or offer additional benefits to you and we may ask you to provide us with your personal details for these purposes. Providing us with this information is optional to you. if you do not provide your personal information to us we may not be able to contact you or give you access to the additional benefits. You may opt out of these additional communications at any time. Please contact our Privacy Officer at privacy@holdmark.com.au. Use and disclosure of your personal information When we hold your personal information it will be used for the following primary purposes: 1. to ensure the proper functioning of the Website; 2. to ensure the proper functioning of the Holdmark; and 3. to assist Holdmark with marketing, planning, invoicing, product development and research requirements. We will not use or disclose (or permit the use or disclosure of) information that could be used to identify an individual member in any circumstances except: • to ensure the proper functioning of our business and the Website; • to communicate promotional offers and special events to you; • where the law requires us, or authorises us, or a company holding data on our behalf, to do so; or • where you have given express consent to us for a prescribed purpose. We will not sell, distribute, rent, licence, disclose, share or pass your personal information onto any third parties, other than those who are contracted to us to keep the information confidential whether subject to a statute or a scheme which imposes similar restrictions to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth), as amended, regarding the handling of personal information. Should a third party approach us to access your personal information, we will take reasonable steps to redirect the third party to request the information directly from you. If we are compelled to disclose your personal information, to a third party we will take reasonable steps to notify you of this in advance, wherever it is lawful and reasonable for us to do so.

Security of personal information

In our business, personal information may be stored both electronically and in hard-copy form. We are committed to keeping your personal information secure regardless of the format in which we hold it. We will take all reasonable steps to protect your information from misuse, interference, loss, and unauthorised access, modification or disclosure. However, you use the Website at your own risk and we accept no responsibility, whether we are deemed to have been negligent or not, in the event of a security that affects your privacy. No information transmitted over the Internet can be guaranteed to be completely secure. However, we will endeavour to protect your personal information as best as possible but we cannot guarantee the security of any information that you transmit to us, or receive from us. The transmission and exchange of information is carried out at your own risk.

Accuracy and quality of personal information

We will take all reasonable steps to ensure that: • all information collected from you is kept accurate, up to date and complete; and • the personal information that we use or disclose is, having regard to the purpose of the use or disclosure, accurate, up-to-date, complete and relevant.

Access to your personal information

In most cases, you have the right to access the personal information that we hold about you. If you wish to access your personal information, please contact our Privacy Officer at privacy@holdmark.com.au. We will deal with all requests for access to personal information as quickly as possible. Requests for a large amount of information, or information which is not currently in use, may require further time before a response can be given. We may charge you a reasonable fee for access if a cost is incurred by us in order to retrieve your information, but in no case will we charge you a fee for your application for access. Whenever a fee will be applied, you will be notified of how that fee will be calculated, or where possible, the total amount that will be charged. You will then have the option to decide whether to proceed with your access request. In some cases, we will refuse to give you access to personal information we hold about you. This includes, but is not limited to, circumstances where denying access is required or authorised by or under an Australian law or a court/tribunal order or where giving you access would: be unlawful; have an unreasonable impact on other people's privacy; prejudice an investigation of unlawful activity; reveal our intentions in relation to negotiations with you so as to prejudice those negotiations; prejudice enforcement related activities conducted by, or on behalf of, an enforcement body; reveal evaluative information generated within Holdmark in connection with a commercially sensitive decision-making process. We will refuse access where the personal information relates to existing or anticipated legal proceedings, and the information would not be accessible by the process of discovery in those proceedings. We will refuse access where your request is frivolous or vexatious, and where we believe that: giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety; unlawful activity, or misconduct of a serious nature, or may be engaged in against Holdmark and giving access would be likely to prejudice the taking of appropriate action in relation to that matter. If we refuse to give you access we will provide you with reasons for our refusal. We will also take reasonable steps to give you access in a way that meets your needs without giving rise to the reasons of our refusal. Further, we will provide details of how you may make a complaint about our decision. These mechanisms for accessing your personal information operate alongside, and do not replace, other informal or legal procedures by which you may be provided with access to your personal information.

Correction of your personal information

The accuracy of the personal information we have requested from you is important to us. Should you suspect, or become aware of, that your personal information we hold is inaccurate, out of date, incomplete or misleading, please contact our Privacy Officer at privacy@holdmark.com.au. We will deal with all requests for correction of personal information as quickly as possible. Requests relating to a large amount of information, or information which is not currently in use, may require further time before a response can be given. If we refuse to change the personal information as you request, we will provide you with reasons for our refusal. We will also provide details of how you may make a complaint about our decision. In case of our refusal, you may request that we take reasonable steps to associate, with the relevant information, a statement that you view it as inaccurate, out of date, incomplete or misleading. In the case we have corrected personal information about you, you may request that we take reasonable steps to give notice of the correction to any third party to which we have disclosed the inaccurate, out of date, incomplete or misleading personal information. These mechanisms for correcting your personal information operate alongside, and do not replace, other informal or legal procedures by which you may be provided correction of your personal information.

Overseas transfer of personal information

It is not part of our procedure to disclose personal information to overseas recipients. If we have reason to transfer your personal information overseas, we will first seek your consent to do so, unless the disclosure of the information is required or authorised by or under an Australian law or a court/tribunal order.

Concerns and complaints about breaches

If you have concerns about how we handle your personal information, it is important that you notify us as soon as possible, so that we can address your concerns appropriately as the circumstances require. Any concern or complaint should be made in writing. Please send it to our Privacy Officer at privacy@holdmark.com.au. We will respond as soon as reasonably possible. You may contact the Office of the Australian Information Commissioner with your concern. Information about lodging a complaint is available on the Office of the Australian Information Commissioner’s website (see: http://www.oaic.gov.au/privacy/privacy-complaints).

Disposal of personal information not required

If we hold personal information about you, and we do not need that information for any purpose for which the information may be used or disclosed, we will take reasonable steps to destroy or de-identify that information unless we are prevented from doing so by law.

Unsubscribing from our e-mail database

To unsubscribe from our e-mail database, please send us an e-mail to info@holdmark.com.au with “UNSUBSCRIBE” typed into the subject line of the e-mail.

Contacting us

If you have any questions, concerns or ideas about how we could improve our Website Privacy Policy, please contact our Privacy Officer a privacy@holdmark.com.au. Where you provide suggestions or feedback this is considered non-confidential and we may, use it to improve the Website, our products and services and/or how we handle personal information without any obligation to compensate you regardless of how we use, implement, copy, modify, display, distribute and/or otherwise benefit from your suggestions, materials or feedback.

Amendments of this Privacy Policy

We are obligated to regularly review and update this policy. We therefore reserve the right to amend this Website Privacy Policy at any time. Should any significant amendments occur, notification will be provided by publication on the Website 14 days prior to the changes being implemented (the Notice Period) unless the circumstances of the amendments make it unreasonable to provide such a Notice Period. Your continued use after the Notice Period has lapsed indicates your consent to be bound by the amended Website Privacy Policy. For further information about privacy in general, please refer to the Office of the Australian Information Commissioner’s website located at http://www.oaic.gov.au.

TERMS OF USE

Welcome to the Holdmark website which is owned and operated by Holdmark NSW Pty Ltd ACN ‌98152957867‌.
By accessing the website you are accepting the Terms of Use as outlined.
We reserve the right to amend the Terms of Use at any time.

Our services

We are not responsible for any delays or interruptions to the Website. We will use commercially reasonable efforts to minimise delays and interruptions. We cannot warrant that the Website will be available at all times or at any given time.
We may at any time and without notice to you, discontinue the Website in whole or in part. We cannot be responsible for any loss, cost, damage or liability that may result from our discontinuance of the Website.

Prohibited conduct

In relation to the Website, you must not:

  • use it for any activities or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
  • use it to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the Internet;
  • use it to send unsolicited email messages;
  • in any way tamper with, hinder or modify the Website;
  • knowingly transmit any viruses or other disabling features to the site; or
  • attempt any of the above acts or facilitate or assist another person to do any of the above acts.

Intellectual Property

The material on the Website, including the software, design, text, images and graphics, etc are owned or under licence by us and protected by Australian and international laws.
Your use of the Website does not grant you a licence or act as a right of use of any of the trade marks, logos whether registered or unregistered, that are displayed on the site without the express written permission of the trade mark owner.
You may view the Website and its contents using your web browser. In visiting the Website, you may make a temporary copy of the Website by means of the usual operation of your web browser only.
You must not:

  • use the material on the Website for commercial purposes;
  • in any way modify the material on the Website; or
  • cause any of the material on the Website to be framed or embedded in another website.
You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way except as expressly provided for by us or expressly authorised in writing by us.

General information only

The content on the Website is intended only to provide a general overview on matters of interest. It is not intended to be comprehensive, nor does it constitute advice in any way. We attempt to ensure that the content is current and accurate but we do not guarantee its currency and accuracy. You should carry out your own research and/or seek your own advice before acting or relying on any of the content.

Third party links

The Website may contain hyperlinks and other pointers to websites operated by third parties. We do not control linked websites and are therefore not responsible for their content. We provide the hyperlinks for your convenience only. You visit these sites at your own risk.
We do not provide any warranty or take any responsibility for any aspect of these sites or their content.

Indemnity

By using the Website, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you.

Disclaimer

Some legislation such as the Australian Trade Practices Act 1974 (Cth) and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Website which cannot be excluded, restricted or modified (your “Statutory Rights”). We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

    Except for your Statutory Rights and with respect to the Website:
  • all material on the Website is provided to you without warranties of any kind, either express or implied;
  • we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;
  • we do not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components; and
  • we do not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise.
To the extent permitted by law, including but not limited to any act or omission on tour part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website.
You expressly acknowledge that we do not exert control over users of the Internet and we are not liable for damage suffered by you, either directly or indirectly, as a result of your access to the Website.

Limitation of Liability

To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by the Terms of Use, is limited, at our option, to one or more of the following:
In the case of services supplied or offered by us:

  • the supply of the services again; or
  • the payment of the cost of having the services supplied again.
In the case of goods supplied or offered by us:
  • the replacement of the goods or the supply of equivalent goods;
  • the repair of such goods;
  • the payment of the costs of replacing the goods or acquiring equivalent goods; or
  • the payment of the costs of having the goods repaired.

Privacy

By agreeing to and accepting the Terms of Use, you also agree to the terms of the Holdmark Privacy Policy

Termination

The Terms of Use are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms of Use and limitations of liability set out in the Terms of Use will survive.

Miscellaneous

We rely upon your continued observance of the Terms of Use. If we suffer loss or damage or incur any costs associated with any breach by you of the Terms of Use or any associated legal obligation, you agree to indemnify us for those losses, damages and costs.
We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in the Website may not be legal by certain persons or in certain countries. If you access the Website, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
If any provision of the Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.
All rights not expressly granted in the Terms of Use are reserved.
If we do not act in relation to a breach of the Terms of Use by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms of Use by you.

Applicable Law

The Terms of Use are governed by and construed in accordance with the laws of the State of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of New South Wales and Courts of Appeal from them for determining any dispute concerning the Terms of Use.

Contacting us

If you have any questions relating to the Terms of Use, please contact info@holdmark.com.au.
© 2017 Holdmark NSW Pty Ltd.
Last updated 20 December 2017.