Terms & Conditions

This page outlines the Terms and Conditions of access to, and use of, PAC Partners Securities Pty Ltd. (“PAC Partners” or “PPS”), a Corporate Authorised Representative of PAC Asset Management Pty Ltd ("PAM") holder of an Australian Financial Services Licence (AFSL No. 335 374). The Website is owned and operated by PPS and its related bodies corporate subject to agreements with third parties.

The Website is available for you to access and use conditional on your acceptance without alteration of, and your compliance with, the Terms and Conditions on this page ("the Terms and Conditions").

Intellectual Property

All intellectual property rights (including but not limited to copyright in the Website and trade marks displayed on or included in the Website) are owned or licensed by PPS.

No licence or right of use of any trade mark displayed on or included in the Website is to be interpreted as being granted. The Website includes trade marks of PPS.

Prohibitions on Use

You must not use the Website, or the information provided on it, for any purpose except for the limited use set out under the next heading "Permitted Use";

You are specifically prohibited from:

• reproducing, printing, publishing, displaying or distributing the information provided on the Website, or creating any works from any of that information;
• uploading or reposting the information provided on the Website to any other website;
• "framing" the information provided on the Website with other information provided on any other website;
• on selling the information provided on the Website without the express prior written consent of PPS; and
• copying or modifying the layout of the Website, or any computer software and code contained in the Website.

Permitted Use

Notwithstanding the prohibitions set out under the previous heading "Prohibitions on Use", you may only access and use the Website and the information on the Website for lawful purposes.

Availability

All information provided and financial products and services offered on the Website are for Australian wholesale residents. If you are not an Australian resident and are interested in our services offered on the Website, please contact PPS.

Subscription and Registration

You can access the information services provided on the Website without being a subscribing member, but if you want to receive a newsletter or our research publications, you must become a subscriber and provide your subscription details in accordance with the requests appearing on the Website.

Information Provided

All information provided on the Website is:

• made without consideration of an individual’s relevant personal circumstances;
• provided only in accordance with the Terms and Conditions;
• based on sources which PPS believes to be current and accurate as at the date of publication
• in the nature of information and not advice.

All information provided on the Website does not take into account your individual circumstances, investment objectives or needs. The information is not investment advice and should not be relied on. You should seek professional advice to assist you in forming your own opinion of the information and its relevance to your individual circumstances, investment objectives and needs.

Past performance of any product described or referred to on the Website is not an indicator of future performance. You should seek professional advice before you decide to invest or consider any action based on information provided on the Website.

Disclosure of Interests

PPS may from time to time hold an interest in any security referred to in our research reports and this website and may, as principal or agent, sell such interests. PPS may previously have acted as manager or co-manager of a public offering of any such securities. PPS advises that it may earn brokerage, commissions, fees or other benefits and advantages, direct or indirect, in connection with the making of a recommendation or a dealing by a client in these securities.

PPS believes that any information on the website herein is accurate and reliable, but no warranties of accuracy, reliability or completeness are given (except insofar as liability under any statute cannot be excluded). No responsibility for any errors or omissions or any negligence is accepted by PPS, its related bodies corporate or any of their respective directors, employees or agents.

Important: PPS may be engaged by a Corporate Client for corporate advisory and/or capital markets services on commercial terms. As a result, investors should be aware that PPS may have a conflict of interest that could affect the objectivity of our research reports and this website.

Disclaimers and Limitations of Liability

You should read these Disclaimers and Limitations of Liability carefully and seek independent legal advice if you need help. Your access to, and use of, the Website and any external website is at your sole risk.

None of PPS or the directors and officers gives any warranty, guarantee or representation about the reliability, accuracy, timeliness, completeness or otherwise, of any information provided on or accessed through the Website.

You should make your own inquiries and seek independent advice from appropriate professionals or other people before acting or relying on any information provided on or accessed through the Website.

To the extent permitted by law, none of PPS or the directors and officers accepts any responsibility for any loss or damage, caused directly or indirectly (including through negligence), which you may directly or indirectly suffer in connection with or arising from:

• your access to, or use of, the Website or any external website; or
• your access to, use of, or reliance on, information provided on or accessed through the Website

This includes but is not limited to direct or indirect consequences of you:

• acting, or failing to act, on any information contained or referred to on the Website or any external website; or
• using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website or any external website.

Indemnity

You indemnify, and will keep indemnified, each of PPS, its directors, officers, employees, servants, agents and contractors against, and must pay each of them on demand, the amount of all losses, damages, claims, demands, actions, proceedings, costs and expenses (including legal fees), caused directly or indirectly, in connection with or arising from:

• failure by you to comply with the Terms and Conditions;
• reliance by you on any information provided on or through accessing the Website or any external website;
• your access to, or use of, the Website or any external website; or
• access to, use of, or reliance on, any information provided on or through accessing the Website or any external website by any person accessing that information through the Website or any external website.

Termination

1. PPS may terminate access to the Website without notice to you at any time for any reason without giving you any explanation or justification.
2. None of PPS or the directors and officers accepts any responsibility for any loss or damage caused directly or indirectly in connection with or arising from terminating access to the Website.
3. The operation of all disclaimers, limitations of liability and indemnities contained in the Terms and Conditions will survive termination of access and use.

Changing Terms and Conditions

PPS may change the Terms and Conditions without notice to you at any time for any reason without giving you any explanation or justification.

Governing Law

The Terms and Conditions are governed by and interpreted in accordance with the law in force in Victoria.

Your Acceptance of Terms and Conditions

Your access to, or use of, the Website constitutes your agreement to be bound by the Terms and Conditions. If you do not accept the Terms and Conditions, you must stop using the Website immediately.

1. PRIVACY STATEMENT

This Statement applies to PAC Asset Management Pty Ltd (‘PAM’), the holder of Australian Financial Services Licence (Number 335 374). PAC Partners Securities Pty Ltd (‘PAC’) is the business name, trading entity and Corporate Authorised Representative of PAC Asset Management.

We are committed to ensuring the confidentiality and security of your personal information.

2. INTRODUCTION

In order for PAC to adhere to our licensing conditions, we must disclose how we intend to collect and deal with an individual’s Personal Information (including Sensitive Information), and the measures the business will take to safeguard that information. PAC is also obligated under the Notifiable Data Breach Scheme to ensure that any eligible breach of client’s personal data, which is likely to result in serious harm to any individuals is managed accordingly, reported to the regulators and the client is advised.

The purpose of this Statement is to ensure that PAC provides open and transparent advice to our clients about the way in which any Personal Information that is collected and held by us is appropriately managed. This Policy sets out PAC’s processes and procedures to ensure that it meets the standards and requirements set by the Privacy Act, the APPs as well as the NDB Scheme.

3. PRIVACY POLICY

3.1. Personal Information collected

The types of Personal Information that we will collect and hold on file includes information used to identify our clients, understand their financial position and any other related information necessary to provide the client with business services. This may include, but is not limited to:

• name;
• contact details;
• bank account information;
• tax file number;
• passport or drivers licence;
• nationality;
• business structures; and
• employment information.

PAC is also required to collect and hold Personal Information under the Anti-Money Laundering and Counter Terrorism Financing Act 2006 (Cth) and the Foreign Account Tax Compliance Act 2010 (USA), which may include Sensitive Information in certain circumstances.

The Personal Information provided by our clients is information that enables us to perform our functions and activities. Should a client not provide any of their Personal Information that we have requested or does not consent to the use, holding or disclosure of their Personal Information in accordance with this Policy, PAC will not be able to provide the client with the products or services required.

3.2. How we collect Personal Information

The way in which PAC will collect Personal Information provided by the client includes, but is not limited to, the following:

• application forms;
• client meetings; and
• through our own website and systems.

Should a third party provide us with client’s Personal Information, it is assumed that the client has provided consent for that third party to do so, unless we are otherwise notified.

3.3. How we use Personal Information

The purposes for which clients’ Personal Information will be used depends upon the relationship with the client and the nature of the products and services the client requires from PAC. We will use client’s information to:

• provide clients with products and services in accordance with our AFSL;
• administer and improve the products and services provided to our clients;
• offer the client further products and services (which may include using client’s information for marketing purposes, unless told otherwise); and
• comply with legal and regulatory obligations under the Corporations Act 2001 and the Proceeds of Crime Act 2002, the Anti-Money Laundering and Counter Terrorism Financing Act, the Foreign Tax Compliance Act and the rules of relevant stock exchanges and ASIC.

PAC may share client’s Personal Information with:

• strategic partners for the purposes of meeting their obligations under anti-money laundering and counter terrorism financing laws; and
• other service providers which may include, but are not limited to, archival, auditing, accounting, customer contact, legal, business consulting, banking, payment, delivery, data processing, data analysis, mailing, marketing, research, investigation, insurance, identity verification, brokerage, trustee, securitisation, PAC is entitled to use Personal Information for any purpose which is related to the purpose for which it was originally provided.

3.4. How we store Personal Information

Personal Information will be held in a secure environment either in writing, electronically or both. Security measures are in place at PAC which are intended to protect our clients Personal Information from misuse, interference and loss, and from unauthorised access, modification or disclosure. Personal Information will only be available to PAC representatives on a need-to-know basis in order to perform their duties.

3.5. How a client can access their Personal Information

Should a client wish to know what Personal Information we hold on them, they can request

to view their Personal Information by contacting:

PAC Partners Pty Ltd
10/330 Collins Street
Melbourne, VIC, 3000

enquiries@pacpartners.com.au

PAC will promptly investigate any privacy enquiry and provide appropriate answers where required or permitted. If the client discovers that their Personal Information is outdated, incorrect or incomplete, they may request to have the Personal Information corrected so we can update their records accordingly.  

Clients are also able to contact us should they have any questions regarding the business’ compliance with the Privacy Act or if they wish to make a complaint. Any Privacy complaints must first be sent in writing to PAC, as required by the Privacy Act. We will then endeavour to respond to a complaint within 21 calendar days, in keeping with the PAC Complaints Policy and Procedure. If the client is not satisfied with the response to a complaint, they have the right to complain to:

Director of Privacy Case Management
Office of the Australian Information Commissioner

GPO Box 5218
Sydney NSW 2001

3.6. Disclosure of Personal Information

When a client provides PAC with their Personal Information, they are acknowledging and agreeing that their Personal Information may be disclosed to any of the following third parties:

• any person for the purposes described in any of our agreements with our clients, including any of our strategic partners;
• the issuer or seller of a financial product or its registry provider (or to both), if the client has instructed us to acquire the financial product and its terms require us to provide client Personal Information;
• any regulatory, governmental organisation or industry or legal body which governs the conduct of any part of our business in any jurisdiction or as required by law or regulation. Whilst not exhaustive, we may need to disclose Personal Information to regulatory bodies such as ASIC and relevant stock exchanges;
• any financial market, clearing house, settlement facility, lender, credit provider, custodian, share registry or software provider;
• our related bodies corporate whether in Australia or any overseas jurisdiction, including to their officers, employees and professional advisers;
• a third party who is supplying a service to us whether in Australia or any overseas jurisdiction. We may provide Personal Information to third parties including identity verification providers, information technology maintenance companies, software providers and share registries;
• any person who acts on behalf of our clients, as applicable, including their financial intermediary, authorised persons, solicitor, settlement agent, accountant, executor, administrator, trustee, guardian or attorney;
• a prospective purchaser of, or investor in (including an agent or third parties providing services relating to the purchase or investment), PAC or one of our related bodies, corporate or a business operated by the same, on a confidential basis;
• any person as necessary to enable us, or our related bodied corporate, to enforce our, or its, rights in, or in relation to any defence from, an actual or potential claim;
• any other person to whom the client authorises us or our related bodies corporate to release Personal Information;
• any other third party provided that we obtain prior client written consent; and
• as otherwise permitted by law.

3.7. Disclosure of Personal Information to related bodies

When a client provides their Personal Information to PAC, they are acknowledging and agreeing that this Personal Information may be transferred between related bodies corporate or to third parties who supply products and services to our business.

These related bodies corporate and third parties to whom Personal Information may be transferred, may be located throughout the world and may be registered and governed by laws outside the Australian jurisdiction. As such, the laws regulating a related body corporate may differ to Australian laws and may apply a greater or lesser standard of protection for Personal Information.

Should a client’s Personal Information be transferred to a jurisdiction with inadequate privacy protection, we will take reasonable steps to ensure that the relevant overseas recipient does not breach the Privacy Act or APPs in relation to such Personal Information. Alternatively, we may seek the client’s consent to the transfer.

3.8. Sensitive information

PAC may be required to collect Sensitive Information about clients in order to provide advice, products or services. We will only collect Sensitive Information with client consent or as otherwise permitted by law.

3.9. Government related identifiers

PAC may be required to collect Government Related Identifiers of a client in order to provide a product or service. In particular, we may collect Government Related Identifiers to verify a client’s identity in accordance with the Anti-Money Laundering and Counter Terrorism Financing Act.

4. NOTIFABLE DATA BREACHES

The NDB Scheme has been set up under part of the Privacy Act to establish requirements for PAC when responding to data breaches. Where a breach occurs, PAC must take positive steps to address the breach in a timely manner. Where the remedial action prevents to cause harm to the individual PAC must notify the affected individual/s and the Commissioner.

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