PRIVACY POLICY
1. PERSONAL INFORMATION
1.1 Personal Information means all information of whatever kind relating to the Client personal assets (including any profit projections, research, diagrams, plans or other documents whatsoever belonging to the Client), which has an effect of making someone identifiable as an individual and is disclosed by the Client to Seamless1 prior to, at or after the execution of this Deed by Seamless1 and includes:
i. Your name, address, telephone number, date of birth, vehicle registration and other information required for security purposes;
ii. We may also collect information about your use of our products and services, and any preferences you tell us about.
1.2 However, the personal information we collect, does not include sensitive information such as your political or religious beliefs, ethnic backgrounds or sexual preference.
2. PURPOSE FOR COLLECTION
2.1 Our purpose for the collection of personal information includes, but is not limited to:
i. establishing you as a client and serve your needs under this agreement;
ii. providing you with information about products and services we believe would interest you;
iii. meeting legal and regulatory requirements;
iv. achieving any other purpose to which you have given consent;
v. assisting our internal administration and operations including, accounting, risk management, record keeping, archiving, systems development and testing;
3. HOW WE OBTAIN THE INFORMATION
3.1 Personal information is generally collected directly from you, when you sign up to become a Seamless1 client.
3.2 We may collect this information over the phone, in person, over the internet, or through emails from you directly or emails through associates.
4. CONFIDENTIALITY
In consideration of the Client providing Seamless1 with access to certain Personal Information, Seamless1 covenants to the Client that, subject to Clause 5:
i. Seamless1 will treat the Personal Information as subject to a duty of confidence and will only use the Personal Information for the purpose of the acting in the clients best interests in relation to their portfolio and personal administration;
ii. except as is permitted specifically under this Clause, they will not in any other way use the Personal Information without Seamless1 prior written consent (which shall not be unreasonably withheld);
iii. Seamless1 will only disclose the Personal Information on a need to know basis to the officers, employees and professional advisers;
iv. Seamless1 will take at their sole expense whatever steps Seamless1 may consider necessary to enforce the duty of confidence against any person to whom the Personal Information has been disclosed by Seamless1 and who is in breach of that duty;
v. Seamless1 will not disclose the Personal Information to any person not considered an approved third party, without the prior written consent of the Client;
vi. Seamless1 will keep a list of all persons to whom any Personal Information is disclosed and will provide a copy of the list to the Client, if requested to do so by the Client; and
vii. Seamless1 will clearly mark all Personal Information as being subject to this Deed, such marking to state that it is contrary to this Deed to disclose or use the Personal Information without the prior written consent of the Client unless such disclosure or use is in accordance with the terms of this Deed.
5. OBLIGATIONS NOT TO APPLY
The obligations of Seamless1 under this policy shall not apply to any of the Personal Information which:
i. Seamless1 (or any of its employees or professional advisers) is (or are) required by statute or law (including the Listing Rules of the Australian Stock Exchange Limited) to disclose, reproduce, use or disseminate, subject to reasonable written prior notice being given to the Company/ Client;
ii. is in or enters the public domain, otherwise than as a result of a breach by Seamless1 of its duty hereunder or disclosure by any person receiving the Personal Information from Seamless1; or
iii. is established by means of written records and otherwise to the satisfaction of the Client as already known to the Client prior to the date of this Deed.
6. APPROVED THIRD PARTIES
6.1 Under this deed, the client gives Seamless1 express authorisation to provide their personal information to the following people:
a. Suppliers or agents who assist us in providing the services you request;
b. If we sell or franchise our business, to the incoming purchaser/ franchisee;
c. When we need to disclose the information to protect our interests in the context of an existing or potential legal or administrative proceeding.
7. SAFE KEEPING AND RETURN OF PERSONAL INFORMATION
7.1 Seamless1 will ensure that all written material provided by the Client to him to facilitate their discussions is safely and securely stored when not in use, and Seamless1 hereby acknowledges that such material including all copies thereof remains the absolute and exclusive property of the Client.
7.2 We store personal information in a combination of secure computer storage facilities, paper based records and other records.
7.3 Upon written demand by the Client, Seamless1 shall, within seven (7) days of receipt of such demand, return to the Client all Personal Information received by him and any copies of the Personal Information that Seamless1 has made (whether the Client has authorised him to make such copies or not).
7.4 The retention period of your personal information may extend beyond the length of our relationship, but only as long as required by law or regulation or as reasonably required by us.
7.5 We take reasonable steps to destroy or permanently de-identify personal information when we no longer need it.
8. INDEMNIFICATION
Seamless1 hereby indemnifies and shall keep indemnified the Client against any loss, damage, cost (including legal costs on a solicitor client or full indemnity basis whichever is the higher) or expense suffered or incurred by the Client directly or indirectly in connection with or arising out of or as a result of a breach by Seamless1 or their directors, officers, agents, employees of the Recipient or professional advisers of any of the terms of this Deed.
9. FAILURE TO ENFORCE NOT TO AFFECT VALIDITY
The failure of the Client at any time to enforce any of the provisions of this Deed or any rights in respect hereto or to exercise any election herein provided shall not be a waiver of those provisions, rights or elections or affect the validity of this Deed.
10. COMPLAINTS
The Client may complain to the Privacy Commissioner about an act or practice that may be an interference with the privacy of the individual.
