Privacy Policy

The Privacy Amendment (Private Sector) Act 2000 became effective from 21 December 2001, and
allows for the recognition of self-regulatory privacy codes backed by default legislative principles and
a complaint handling regime. The Act requires most private sector organisations to comply with 10
National Privacy Principles (NPP’s). The NPP’s establish minimum standards in relation to the
collection, holding, use, disclosure, management, access, correction and disposal of personal
information about natural persons.

UpKeeping is strongly committed to the protection of personal information and has adopted the
recommendations of the NPP’s, both for this web site, and the manner that we conduct our business
generally.

We never rent, trade or sell our customer records to any other organisation.

Why Do We Collect Your Personal Details?

UpKeeping limits its collection and use of personal information to that which is necessary for the
functioning of our business. We collect personal information from you directly for the following
specific purposes:

  • to communicate with you, our customers. We will respond to information requests from you and
    inform you of updates to UpKeeping products and services;
  • to understand your needs, as a customer, regarding UpKeeping’s available products and services;
  • to continue to develop and provide products and services for you, the customer;
  • to personalise some of our products for you, the customer;
  • to allow you, as a customer, access to limited-entry areas of UpKeeping’s web site;
  • to identify and resolve technical problems concerning UpKeeping’s products and services;
  • to invoice you, as a customer, for products and services and maintain payment records;
  • to satisfy any applicable law, regulation, legal process or government request;
  • to protect the services, products or rights of UpKeeping. UpKeeping will also use personal
    information in a combined form (i.e. not individually traceable to you) for business analysis purposes.

Your Consent For Collection, Use Or Disclosure Of Personal Details

Registration for UpKeeping’s products and services by you, as customer, will constitute your consent
for UpKeeping to collect, use and disclose personal information (opt-in) under this Privacy Policy.

UpKeeping will seek your consent for any new uses and disclosures of your personal information,
before your details are used or disclosed for a new purpose. In certain circumstances however,
UpKeeping will not be required to inform and obtain your consent for use and/or disclosure of your
personal information in such matters where there is:

  • investigation of a breach of an agreement,
  • contravention of laws,
  • an emergency where the life, health or security of an individual is threatened,
  • the collection of a debt.

You, the customer, may withdraw your consent for collection, use and disclosure of personal
information at any time on written notice (opt-out). On withdrawal of consent UpKeeping will
suspend or terminate its products and services.

After your account becomes inactive, UpKeeping will keep your personal information only for those
purposes which are established by law, and for archival record purposes.

Accuracy Of Your Personal Information

UpKeeping will use reasonable efforts to keep customer personal information accurate for the
specific purpose, and for minimising the possibility of making inappropriate customer decisions
based on such information. Customers are responsible for informing UpKeeping about changes to
their personal information. UpKeeping will update personal information where necessary to keep it
accurate or else provide customers the facility to make such updates.

Security Safeguards

UpKeeping will take reasonable steps to protect your personal information against misuse, loss,
unauthorised access, modification or disclosure, through security safeguards that depend on the
level of sensitivity of the information.

Methods of protection include:

  • organisational measures (contract provisions, limiting access to need-to-know UpKeeping personnel),
  • technological measures (forms, passwords, encryption),
  • physical measures (locked file storage).

UpKeeping will control personal information disclosed to authorised third parties by entering into
agreements which contain confidentiality provisions and restrictions on use and which limit the
amount of information disclosed to only that which is needed for Specific Purposes.

Policy Visibility

This Privacy Policy, and all updates to the Privacy Policy made from time to time, will be published
and made available to you, UpKeeping’s customer, on the web site. It is your obligation to
periodically check UpKeeping’s website for Privacy Policy updates.

Your Access To Personal Information

You can access your personal information on our customer records unless access:

  • poses a threat to life or health;
  • poses a threat to other people’s privacy;
  • is frivolous or vexatious;
  • legal procedures overrule doing so;
  • will be prejudice to negotiations;
  • would be unlawful;
  • denying access is required or authorised by law;
  • prejudice’s investigation of unlawful activity;
  • prejudice’s law enforcement;
  • poses a threat to national security.

Policy Improvement

UpKeeping wants to endure that its Privacy Policy meets its customers’ needs. If you have privacy
concerns, feel that the Privacy Policy needs improvement or believe that UpKeeping is not following
its Privacy Policy, please contact us.

Limitation of Liability

Besides those statutory rights and remedies available under the Trade Practices Act or any similar
State or Territory legislation which cannot be excluded, restricted or modified, in no event shall
UpKeeping, nor its directors, employees, or agents be liable for any direct, indirect, incidental, special
and/or consequential damages or loss of profits resulting from the use of the information found on
or distributed through this web site or via our newsletters and emails. UpKeeping, its directors,
employees and agents shall be indemnified and held harmless from any actions, claims, proceedings,
or liabilities with respect to the use of any information on this web site, or use of information within
its newsletters and emails. All information provided is only to be construed as opinions, of a non-advisory nature, and is to be used as an information service only.

Third Parties

Hyperlinks to websites operated by third parties exist upon upkeeping.com.au. Neither UpKeeping,
its directors, employees, nor agents have any control over or responsibility for the contents of any
such third party web site. Further, UpKeeping, its directors, employees or agents accept no
responsibility for any product or information provided or actions taken by any third party or for any
transactions entered into between the user and the relevant third party.

Applicable Law

These terms and conditions will be governed by and construed in accordance with the laws of the
state of Victoria. Users of the www.upkeeping.com.au website irrevocably and unconditionally
submit to the non-exclusive jurisdiction of the courts of Victoria. If any provision of these terms and
conditions is found to be invalid or unenforceable by a court of law, such invalidity or
unenforceability will not in any manner alter the ongoing validity and applicability of the remainder
of these terms and conditions.

All rights not expressly stated within these terms and conditions are reserved.