Disclaimer, terms and conditions, privacy

General disclaimer and terms and conditions
Unless expressly provided otherwise, the information on this website is directed at Australian residents or citizens who are located within Australia only. The website is intended solely to provide information only and is not intended as professional advice.

Limit of liability
The information is believed to be accurate at the time of compilation and is provided by Nacvans Pty Limited (ABN 39169122212) trading as Nacard & Associates in good faith. Matt Nacard and Nacard & Associates make no representation or warranty as to the quality, completeness, accuracy, reliability, timeliness or currency of information contained in this website. While Nacard & Associates will endeavour to keep information up to date, it has no absolute obligation to update this website or to notify you of any changes to information on this website. To the full extent permitted by law, Nacard & Associates and its associated parties exclude all responsibilities for any direct or indirect loss, injury, health consequence or damage arising in any way as a result of any person using this website or relying on it and exclude all liability for any direct or indirect loss or damage arising in any way from errors or omissions in the information in this website. You agree to indemnify and hold us (and our related bodies corporate and directors) harmless from any claim, action, demand, loss or damages made or incurred by any third party arising out of or relating to use of the website or your breach of these terms of use. Please note that any abusive or otherwise illegal activity may mean we terminate your access to the website.

Copyright
This website contains trademarks and intellectual property. “Nacard & Associates” belongs to Nacvans and its associated entities. Nacard & Associates owns the copyright and any other intellectual property rights on this website. You may use the information for your own personal reference only. Except for this purpose or as permitted law, no part of the information on this website may be reproduced or adapted to a third party, distributed in any way without the written consent of Nacard & Associates or the owner of the copyright material.

Severability
If any parts of these Terms of Use are deemed unlawful or for any reason unenforceable then that provision may be severed from these conditions of use and will not affect the validity of the remaining provisions. No waiver by us of our rights under these conditions of use shall be deemed a waiver of any other term or provision.

Privacy policy
Nacard & Associates recognises the importance of protecting the privacy and rights of individuals in relation to their personal information. This Policy details how we protect your privacy and how we comply with the requirements of the Privacy Act 1998 (Cth).

As outlined in this policy, privacy laws apply to firms with annual turnover exceeding A$3m. If Nacard & Associates’ turnover is less than this level, the company will note privacy requirements outlined in this
policy as a guide not an absolute requirement or obligation.

1. Personal Information
Nacard & Associates may collect and hold personal information for the purposes of providing our services. The kinds of personal information that we may collect and hold include your name, date of birth, ABN, email address, home address, phone number and bank account details.
Where you do not provide us with all or some of your personal information that we request then we may not be able to provide services to you.

2. Collecting Personal Information
Nacard & Associates collects information from its clients when it is relevant to the service provided. We will usually collect your personal information directly from you either in person, by telephone, email or letter. We may also collect personal information from third parties however, we will only do so where it is not reasonable and practical to collect the information from you directly.

3. Cookies
In some cases, we may also collect your personal information through the use of cookies which are pieces of information that are transferred to your computer when you visit our website for record- keeping purposes. Our cookies do not collect personal information. If you do not wish to receive cookies, you can set your browser so that your computer does not accept them.

4. Storage and Security of Personal Information
We take reasonable steps to ensure your personal information is protected from misuse and loss from unauthorised access, modification or disclosure. We may hold your information in either electronic or hard copy form. Any personal information held that is no longer needed, or required to be retained by any other laws, is destroyed in a secure manner, deleted or de-identified as appropriate.

5. Quality of Personal Information
We take all reasonable steps to ensure the personal information we hold, use and disclose is accurate, complete and up-to-date. On an ongoing basis we maintain and update personal information when we are advised by individuals or when we become aware through other means that personal information has changed.
6. Gaining Access to Personal Information
You may request us to provide you with access to any of your personal information that we hold. You should promptly notify us if you become aware that any of your personal information that we hold is inaccurate, out-of-date, incomplete, irrelevant or misleading.

7. Privacy Amendment Bill
The Privacy Amendment (Notifiable Data Breaches) Act 2016 was enacted on 22 February 2018, thereby introducing a mandatory data breach notification regime into Australia. This new law will apply to all entities currently subject to the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth) who have annual turnover of more than $3m. Under the new law, applicable entities must notify eligible data breaches to the Office of the Australian Information Commissioner (OAIC) and affected individuals as soon as practicable after the applicable entity becomes aware that “there are reasonable grounds to believe that there has been an eligible data breach of the entity” (refer section 26WK of the Bill).

An eligible data breach occurs where there has been:
– Unauthorised access or disclosure, or loss of information where unauthorised access or disclosure is likely; and
– A reasonable person would conclude that the access or disclosure would likely result in serious harm to the individuals to whom the information relates.
– The Bill primarily supplements the existing obligations under APP Chapter 11.1 (Security of personal information) which requires an applicable entity holding personal information to take reasonable steps to protect information from unauthorised disclosure, misuse, interference and loss. Under the Bill, an eligible data breach occurs where:
– There is unauthorised access to or disclosure of the relevant information, which a reasonable person would conclude is likely to result in serious harm to any of the individuals to whom the information relates; or
– The relevant information is lost in circumstances where unauthorised access to or disclosure of personal information is likely to occur, and if it were to occur a reasonable person would conclude that it is likely to result in serious harm to any of the individuals to whom the information relates.
– Eligible data breaches must be notified where a reasonable person would conclude that the access, disclosure or loss would be likely to result in serious harm to the affected individual.
For clarity, the phrase likely is intended to mean more probable than not.

8. Privacy Complaints
Any questions about this Policy, complaints regarding the treatment of your privacy or a possible breach by us of the Australian Privacy Act, should be directed as per the details on the “Contact” section of this website.

Nacard & Associates will respond, usually within 28 days after receipt of a complaint.

Where necessary we may seek further information in order to provide a full and complete response.