Privacy Policy

Your privacy is important to us. Here is how we manage your information.

Your privacy is paramount

Fintrack Pty Ltd ACN 006 164 709 and any other associated companies under the Corporations Act trading as Fintrack (Fintrack, we or us) operates www.fintrack.com.au (Websites and Software) and recognises the importance of privacy protection in order to comply with the National Privacy Principles (as amended or replaced from time to time) and set out in the Privacy Act 1988 (Cth) (Act).

What types of personal information do we collect?

We will collect your name, email address, state, postcode and home ownership status and ask you to create a password, so that we can register you as a member for private access to use the Website.

Other personal information we collect from you will depend on what information you choose to disclose to us and how you use the services provided though the Website and may include your postal address, telephone number/s, Website account passwords, credit card number and expiry date, driver’s licence details, bank account details, personal legal or other documents (such as bank statements and loan facilities), information required for payment for products and services provided by us through the Website and specific information required for a Third Party Provider to supply you with information, products or services you wish to receive.

How do we use your personal information?

We will use your personal information for the purpose disclosed at the time of collection, or otherwise as set out in this Privacy Policy. Except as specifically set out in this Privacy Policy, we will not sell or disclose your personal information to any person located in Australia or overseas or use your personal information for any other purpose without your prior consent, unless authorised or required by law. Generally, we will only use and disclose your personal information for the following purposes:

to provide you with information you request about us or the products or services we offer through the Website;
to provide information to persons expressly authorised by you;
to manage the Website (including your Account);
to provide products or services you request from time to time;
to access or directly link to Third Party Websites and your Third-Party Accounts;
to determine and notify you of what products or services (including third party products and services) we consider are likely to be of most interest to you;
to process and obtain payment for any products or services you order from us through the Website;
to understand your needs and Website usage to help us improve the Website, our marketing or the way we do business;
if necessary, to verify your identity or age; and
to contact you for direct marketing and promotional purposes including providing you with information about new products or services, events and special offers, unless you tell us that you do not wish to receive this type of information.

We may also disclose your personal contact (name and email) and profile (suburb of residence and residential status) and membership type information to Third Party Providers from which you wish to receive information, products or services (including financial products or services) to:

facilitate communications between you and those Third-Party Providers; and
provide those Third-Party Providers with the information necessary for them to supply you with the information, products or services you wish to receive.

A Third Party Provider may include a service provider with whom we have a contractual arrangement to offer you access to the Website and who pays a sponsorship fee to cover the cost of data licensing on your behalf enabling you to open a User Account and access the Website while the arrangement continues.

We will never supply or grant access to your personal financial data to a Third Party without your permission.

We will only disclose your personal contact and profile information to Third Party Providers you choose to deal with or who act as Website sponsors to enable you to access membership for free. You acknowledge and agree that Third Party Providers may be unable to provide you with the information, products or services you wish to receive if we do not disclose your personal information to them. From time to time we may also ask you to participate in surveys or questionnaires. These help us to improve our levels of service and to maximise the opportunities and benefits you can enjoy.

We may also send you other electronic messages updating you about products, services, offers and special offers. We will only send you such electronic messages if you have consented to receive them or it can be inferred from your existing business or other relationship with us, that there is a reasonable expectation of receiving those electronic messages. All electronic messages will identify us.

Support

When you contact us for membership support or we suspect they may be errors or anomalies with your membership profile, we may log into your profile from our account administration system for the purpose of investigating and resolving membership account issues for you.

How do we use information that is not personal information?

From time to time we may sell or disclose information you provide us that is not personal information or does not disclose your identity to any person for any purpose at our sole discretion, including to people or companies located outside of Australia. For example, we may sell, disclose or use information you provide us that is not personal information to determine what advertising, promotional materials, products or services are likely to be of most interest to you and to assist merchants and other third parties to monitor general consumer trends in various areas.

How do we collect your personal information?

We collect your personal information from information you provide directly to us when you set up a User Account and register to use the Website, pay for a service provided by the Website, contact us, participate in surveys or questionnaires and from information you upload to the Website from time to time.

What happens if you don’t provide us with the information we require?

If you don’t provide us with certain information, we may be unable to provide you the information, products or services you wish to buy or receive or provide you with membership access to the Website.

Personal information security

We will take reasonable steps to ensure your personal information is protected from risks such as loss, unauthorised access or use, destruction, modification or disclosure. Aside from the disclosure or transfer of your personal information as specified in the “Where your information is stored” section below, we will only permit our authorised personnel and other personnel authorised by you to access your personal information. The Internet is not a secure method of transmitting information. Accordingly, we cannot accept responsibility for the security of information you send to or receive from us over the Internet or for any unauthorised access, use or modification of that information. The Website may provide links or references to other 3rd party websites and resources. These websites and resources are not subject to this Privacy Policy. You should review the privacy policy of each 3rd party website and resource accessed via links from our Website and assess whether the policy of each website and resource is satisfactory to you before you use the website or resource. You acknowledge and agree that we are not responsible for any personal information you choose to disclose, or permit us to disclose, to a Third Party Provider or to a Third party through a Third party website referred to by or linked to our Website and that such Third Party Providers and Third parties may store your personal information in any location in accordance with their own security standards.

Using Third Parties to process your information

We use third parties in India and Philippines know as third-party services who have access to the information that you provide us. We keep the amount of personal information they hold to a minimum. We use all reasonable efforts to make sure they are as careful with your information as we are. In addition to the above, some of our other third-party service providers may use servers located outside Australia such as in India. We suggest that you visit our Website regularly to keep up to date with any changes.

Your rights of access and correction

You have the right to access personal information which we have collected from you within the requirements of the Act. If you wish to access your personal information or believe that any of the personal information, we hold about you is inaccurate, incomplete or out-of-date, please contact us at the email address shown at the bottom of this Privacy Policy. We will take reasonable steps to correct any inaccurate, incomplete or out-of-date personal information if you request us to do so, where required by law.

We may withhold or refuse you access to your personal information if we are legally authorised to do so or where its disclosure to you is restricted by law, is the subject of legal action, or may compromise the privacy of another person. We may charge you a reasonable fee to access your information as permitted by applicable law.

How can you stop receiving marketing information?

Where marketing information is forwarded to you via electronic messages, there will be a functional ‘unsubscribe’ mechanism contained in the message.

If you no longer wish to be contacted by us or receive such marketing information, you can advise us:

by emailing us at help@fintrack.com.au; or
by clicking the ‘unsubscribe function’ (where marketing information is sent electronically).

We will keep a record of your request to ensure you do not receive that information in the future.

Advertisements and Promotional Offers may be provided to you via the Website as part of your User Account. You may seek to reduce or remove Advertisements or Promotional Offers (as applicable) from the Website pursuant to the processes set out in the website Terms. You cannot refuse to receive information which we are required to provide you by law.

Cookies

“Cookies” are small data files sent by a website and stored on your computer’s hard drive when you visit the website. A cookie can contain certain information that the website uses to track the pages you have visited. The only personal information a cookie can contain is information you personally supply. A cookie cannot read data off your hard disk or read cookie files created by other websites. Our Website uses cookies to assist with managing your User Account and to identify you on return visits. Most Internet browsers automatically accept cookies, but you can usually change your browser to notify you when you receive a cookie or to reject cookies. However, while most of the content of our Website can be viewed without accepting cookies, full functionality for the Website requires the use of cookies.

Changes to this Privacy Policy

We may amend this Privacy Policy from time to time by posting the amended version on our Website at www.fintrack.com.au. We suggest that you visit our Website regularly to keep up to date with any changes.

Contacting us

If you would like more information about this Privacy Policy or if you have any queries or complaints, please contact us by email at help@fintrack.com.au. We will take reasonable steps try to resolve any complaints with you as quickly as practicable. Complaints may also be made directly to the office of the Australian Information Commissioner though its website located at www.oaic.gov.au/privacy/privacy-complaints.

Definitions

Unless otherwise defined in this Privacy Policy, words beginning with capital letters are defined in the Website Terms published on the Website as updated from time to time.

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Terms & Conditions

Please review our terms of use before browsing the website.

The following Terms & Conditions (Terms), together with our Privacy Policy are the complete terms of a legal agreement between you and Fintrack Pty Ltd ACN 006 164 709 and any other associated companies under the Corporations Act trading as Fintrack (Fintrack, we or us) in relation to your access to and use of this website or any other Fintrack website. By accessing, browsing, or using this Website, you acknowledge that you have understood the terms and conditions.

Fintrack may alter these Terms from time to time by posting the altered version on this Website. You should visit the Website regularly to keep up to date with any alterations. By continuing to use this Website, you accept the Terms current at the time you access and use it. In the case of an alteration, the altered Terms only apply after the alteration takes effect. If you have any questions or need clarification on any issue, please email us at help@fintrack.com.au.

Referral arrangements

Fintrack may refer you to a mortgage broker, lender or other service provider. Where we do, we may receive a referral fee or commission from that provider.

Fintrack does not provide credit assistance, does not recommend any particular credit product, and does not act as your broker. If you choose to proceed with a provider we refer you to, you deal with that provider directly, under their own terms and their own licence.

We do not cover every product or provider in the market. Any referral is limited to providers we have an arrangement with.

Fintrack does not guarantee the accuracy of the information on the website or given in any other subsequent communication, including information provided by contributors or third parties at any time. You must accept sole responsibility associated with using the material on this website, and the information on this website is no substitute for financial advice. You must not rely on this information to make a financial or investment decision. Before making any decision, you must seek professional advice to consider your particular personal objectives, financial situation and needs.

By submitting your details on this site, you are agreeing to the Terms and Conditions and Privacy Policy.

Intellectual property

Material and content displayed on or comprised by the Website, including but not limited to text, graphics, logos, button icons, images, the Website layout and software, is subject to copyright owned by Fintrack, its related entities or its content suppliers and is protected by the Copyright Act 1968 (Cth) and other international copyright and intellectual property laws. Brands, names, images and logos displayed on the Website may be the subject of registered trademarks of Fintrack, its related entities, affiliates or its service providers and protected by the Trademarks Act 1995 (Cth) and other international trademark laws. You may access, display, download and print portions of the Website only for your own private non-commercial use and to access services via the Website. This permission is subject to you not modifying the content displayed on this Website, keeping intact all copyright, trademark, and other proprietary notices, and any additional restrictions or express exceptions displayed on the Website. Any other use of material on the Website, including but not limited to the reproduction, modification, distribution, transmission, re-publication, or display of the content on this site is strictly prohibited.

Right to reproduce materials

You must not upload to our database any materials which infringe any third party’s copyright, patent, trademark, trade secret, confidentiality, privacy or other proprietary or intellectual property rights or which violate any applicable law, statute, ordinance or regulation. You agree to comply with Fintrack procedures and policies in respect of uploading information and materials as specified on the Website from time to time. You warrant that you own all copyright in, or otherwise have the right to upload to our database, reproduce and permit us to reproduce, your Materials. Solely to enable us to provide the Services to you, you agree to grant us, or warrant that you have procured for us from the copyright owner or licensor, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to do and authorise the doing of all acts comprised in the copyright in all of your Materials.

Notifications, alerts, and updates

We may send automatically generated updates, alerts, reminders, or other notifications (together Notifications) to your last notified email address from time to time if you elect to receive such Notifications as part of the Services. You may elect to receive only specific types of Notifications and may deactivate any Notifications by written notice to us at any time. We will use reasonable endeavours to cease sending you Notifications within a reasonable time after receiving your written notification to deactivate Notifications. We may also cease to provide Notifications at any time at our sole discretion. You acknowledge that Notifications may include your User Account username and information regarding your financial affairs or accounts (such as due dates and outstanding balances) and you consent to us including such information in Notifications and sending such Notifications to your last notified email address. If you do not agree to us including such information in Notifications, do not elect to receive Notifications.

Third Party Providers

For us to provide the Services to you or for you to access Third Party Websites and Third Party Accounts via the Website, we may be required from time to time to:

use your Materials to access or directly link to Third Party Websites and your Third Party Accounts;
disclose your Materials to Third Party Providers;
retrieve information from Third Party Providers and Third Party Websites about you or about your Third Party Accounts; and
view details of your Third Party Accounts.

Information on the Website

Information on this Website may or may not change from time to time. It is not promised or guaranteed to be correct, current, or complete. This Website may contain technical inaccuracies or typographical errors. You acknowledge and agree that the effectiveness of the Services may depend on the accuracy and completeness of information provided by you and of the Materials you may upload via the Website. Fintrack assumes no responsibility (and expressly disclaims responsibility) for updating this Website to keep information current or to ensure the accuracy or completeness of any posted information, including information and Materials posted or uploaded by you. Accordingly, you should confirm the accuracy and completeness of all posted information and Materials before using the Services or making any decision related to any products or services described on or referred to by this Website.

Functions of the Website

The Website may provide various functions, resources, and financial management tools (including calculators) from time to time (Tools). Such Tools rely on data provided by you, Third Party Providers and Third-Party Websites and make assumptions based on such data to generate information and results. The information and results generated by such Tools are estimates only based on available data and are not guaranteed or warranted by Fintrack to be accurate or reliable. The Tools are provided for information purposes only and should not be relied on as a substitute for professional advice. Fintrack does not warrant or guarantee that the Tools or the functions of the Tools are accurate or reliable, use appropriate assumptions, are fit for your particular purpose or are otherwise suitable for your use.

Technical requirements

Access to the Services may only be available to compatible devices which meet specific system or software requirements specified on the Website from time to time. Fintrack gives no warranty or guarantee that access to or use of the Services will be available to all devices, and you are solely responsible for ensuring that any device you use meets system, software or other requirements specified on the Website from time to time.

Security of electronic communications

You acknowledge and agree that there are security and delivery risks in using electronic mail and transmitting data via the Internet. Accordingly, Fintrack gives no guarantee that any electronic communication you send to us, any Notification that we send you or any data transmission you make via the Website (including uploading any Materials) will be secure, uninterrupted or delivered. You make such communications and transactions and agree to receive Notifications at your own risk. In particular, by communicating with us electronically, electing to receive Notifications or transmitting data via the Website (including uploading any Materials), you accept the risk of interception of such communications, transmissions, Notifications and Materials by third parties and of non-receipt or delayed receipt of such communications, transmissions, Notifications and Materials by us and you, as applicable.

Viruses

You are responsible for protecting your computer from malicious or destructive content and programs such as viruses, worms and Trojans, and to protect your information as you deem appropriate.

Use of the Website

We reserve the right to limit the volume of Materials you may upload to our database and the volume of transactions you conduct on the Website at any time. You agree to comply with all applicable domestic and international laws (including common law) applicable to your use of the Website. Without limitation, you agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website, including, but not limited to, by uploading or transmitting through the Website any viruses, worms, trojans or other potentially destructive programs designed to interfere with, interrupt or disrupt the normal operating procedures of the Website or any computer. You must not post on the Website any material that is abusive, defamatory, obscene, contrary to law or to the rights of any party. Fintrack may block/delete from the Website any material posted to the Website that Fintrack decides contravenes that requirement. You must not impersonate or misappropriate the identity of another person. You must use the Website for personal and non-commercial purposes only. You must not attempt to use the Website or any of its content to solicit others to participate in any organisation or commercial on-line service. Use of the Website in contravention of these Terms may result in you being banned from the Website, being liable to Fintrack for breach of contract and/or infringing applicable law. You must retain backup copies of all Materials you upload to the Website. We adopt commercially reasonable efforts to protect and preserve the Materials but accept no liability for any loss of or damage to the Materials, however caused.

No advice

This website is for general information and education purposes only, and the information on it is for Australian residents only. Our material is general in nature and does not take into account the objectives or financial situation of any reader. No one, including us, can guarantee future results. Any calculator on this website produces illustrative estimates from the figures you enter and the assumptions stated alongside it. It is not a forecast, a quote or a guarantee.

Fintrack is not a financial, accounting, investment, legal, tax or other adviser. You acknowledge and agree that the Services are provided solely to assist you to manage your financial and other information and to communicate with Third Party Providers and do not constitute the provision of financial, accounting, investment, legal, tax or other advice by Fintrack. You should consider obtaining professional financial, accounting, investment, legal, tax and other applicable advice suitable to your particular situation before deciding to obtain products or services from any Third-Party Provider.

Disclaimer of warranty

Use of this Website is at your sole risk. To the extent legally permitted, all materials, information, products, programs, functions and services are provided “as is”, with no warranties or guarantees whatsoever. Fintrack expressly disclaims to the fullest extent permitted by law all express, implied, statutory and other warranties, guarantees or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary and intellectual property rights. Without limitation, Fintrack does not represent or warrant that the functions within the Website will be accurate, reliable, uninterrupted, error-free or secure, that any defects will be corrected, or that the Website or the server/s that makes the Website available is free of viruses or other harmful elements. You agree that in using the Website you have not relied on any statement or representation made by Fintrack not expressly contained in these Terms. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs, or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system. If applicable law prohibits the exclusion of any of the warranties, guarantees, conditions or representations referred to above, to the extent legally permitted, Fintrack limits its liability for breach of any such warranties, guarantees, conditions or representations to resupply of the affected products or services or payment of the cost of resupply of the affected products or services, at Fintrack’s discretion.

Limitation of liability

To the extent legally permitted, in no event will Fintrack be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from this Website or any use of this Website, or of any site or resource linked to, referenced or accessed through this Website, or for the use or downloading, or access to, any materials, information, products or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if Fintrack is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and Fintrack’s maximum aggregate liability for all losses, damages and other amounts referred to in the above exclusion of liability under any cause of action referred to in the above exclusion of liability is limited to AUD$100.00.

Indemnity

You agree to indemnify, defend, and hold harmless Fintrack, its officers, directors, employees, agents, contractors, licensors and suppliers from and against all Losses made by any other party due to or arising out of any violation of these Terms, any terms and policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance or regulation or due to or arising out of any activity related to your User Account (including negligent or wrongful conduct) by you or any other person accessing the Website using your Internet account, your User Account or password.

Privacy

Your privacy is important to Fintrack. Further information about the collection and use of your personal information is contained in our Privacy Policy. By accessing, browsing, or using this Website, or by supplying any information to Fintrack you acknowledge that you have read, understood, and agree with the terms of our Privacy Policy.

Notifying us

To notify us, please email us at help@fintrack.com.au.

Severance

If any part of these Terms is deemed unlawful, void or for any reason unenforceable then that provision is deemed to be severed from these Terms and does not affect the validity and enforceability of any of the remaining provisions of these Terms.

Waiver

No failures to exercise and no delay in exercising on our part any right or privilege under these Terms operates as a waiver thereof. A waiver by us of any breach of these Terms does not prevent the subsequent enforcement of that provision and will not be deemed to be a waiver of any subsequent breach of that or any other provision.

Entire agreement

These Terms and any other document referred to herein constitute the entire and only agreement between you and Fintrack in relation to its subject matter and replace and extinguish all prior or simultaneous agreements, undertakings, arrangements, understanding or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether in draft form) with respect to such subject matter. Each of the parties acknowledges that they are not relying on statements, warranties or representations given or made by any of them in relation to the subject matters of these Terms, save those expressly set out in these Terms, and that, to the extent legally permitted, they have no rights or remedies with respect to such subject matter otherwise than under these Terms.

Force majeure

We will be under no liability to you in respect of anything which may constitute a breach of these Terms arising by reason of force majeure, or circumstances beyond our control including, but not limited to, acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, war, terrorism, civil commotion or civil authority, including acts of local government and parliamentary authority, inability to supply the Services, telecommunications failure, materials, breakdown of equipment and disputes of whatever nature and for whatever cause arising including, but without prejudice to the generality of the foregoing, work to rule, overtime bars, strikes and lock outs.

Assignment

You are not allowed to assign, novate, delegate or sub-contract any of your rights and obligations under these Terms. We may assign, novate, delegate or sub-contract any of our rights and obligations under these Terms at our discretion.

Relationship

Unless otherwise expressly stated in these Terms, nothing in these Terms creates or is intended to create any relationship of partnership, joint venture, employment or similar between the parties. You have no authority to bind us or our related entities in any way.

Applicable law

These Terms are governed by the law of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and its appellate courts.