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.
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
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 email@example.com.
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 firstname.lastname@example.org.
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 email@example.com.
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 firstname.lastname@example.org.
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 email@example.com with “UNSUBSCRIBE” typed into the subject line of the e-mail.
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.
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.
Welcome to the Holdmark website which is owned and operated by Holdmark NSW Pty Ltd ACN 98152957867.
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.
In relation to the Website, you must not:
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:
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.
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.
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.
Limitation of Liability
In the case of services supplied or offered by us:
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.
© 2017 Holdmark NSW Pty Ltd.
Last updated 20 December 2017.