Terms of Trade & Other Legal
REPLICAT TERMS OF TRADE
The following terms form part of any contract of sale between Replicat Pty Ltd (“we”, “us”, “Replicat”) and a client (“you”, “client”) for the products available for sale at Replicat's website www.replicat.com.au. These terms comprise Part A. Specific Terms and Part B. General Terms (together, "Terms of Trade").
PART A. Specific Terms
1. DDP masters for CD audio
DDP is a convenient format for audio CD masters and we can accept either a link to your DDP.zip file on your server (please ensure that you include a MD5 checksum), or alternatively you can upload a DDP.zip file to www.replicat.com.au/uploads
DDP CD Audio masters can now be output from most major mastering software suites, but please note that Replicat cannot offer specific technical advice in relation to DDP output (search DDP and MD5 in your software suit as a starting point if you need assistance). If you are unable to produce a DDP master then we would prefer to handle the entire conversion (from WAV, MP3, AIFF etc) and offer a standard $55+GST service.
It is important to note that Replicat staff cannot listen to a DDP master prior to replication. It is 100% the responsibility of the mastering engineer to provide a correctly authored and error-free DDP master for replication. DDP files are loaded directly onto our glass mastering system. There is NO conversion, authoring or other procedure that alters the files prior to replication.
Please provide DDP masters if, and only if, you are completely familiar with DDP master creation and have software available to playback the DDP files prior to submission.
*NEW* Replicat’s DDP Player OEM is available for both Windows and Mac, (i) click either link and save the appropriate .zip file for your platform to a folder on your hard drive (ii) extract the zip file (iii) run the extracted executable (iv) enter the key (first time only) 4E05-585C-734D-A0E6
2. Reproduction of colour, colour accuracy
It is important to note the technical limitations of screen and offset printing processes, both for plastic discs and various types of paper stock.
Where Pantone colour numbers are specified in your design, the inks are mixed to an exact formula intended to provide very close colour accuracy, provided you have used a recent (non-faded) Pantone colour book to select your colours.
Where CMYK designs are used, a higher degree of colour variation is considered normal. While reasonable efforts are made to reproduce the colours in your supplied artwork files and our printers work in a colour-calibrated environment to achieve the best possible result for all clients in a print batch, it is important to note that Replicat operates a high volume print production environment that generally steps up multiple different jobs on a plate and achieves the best result for the plate as a whole.
Replicat will take all due care, but will not be liable to reprint or otherwise compensate the client in ANY of the following circumstances:
(a) Final offset printed product colours are within 10% of the supplied artwork file colours. Note: In the event that a client has a concern over colour, we will check with the plant that produced the product at no charge to confirm whether colours are within 10% of the supplied artwork files. In the event that a client is dissatisfied with our response, Replicat can at the client's request produce an ISO certified colour accurate hardcopy proof at its Australian printer for a charge of $100+GST payable in advance. In the event that this proof shows a variation of more than 10% from the printed product, we will refund this proofing charge and in good faith discuss an appropriate remedy with the client, however no compensation shall be payable unless the variation is significantly higher than 10% resulting in our sole opinion in an unsaleable product.
(b) Films and proofs provided by the client are not output from identical artwork files,
(c) A CMYK disc design does not include a white base,
(d) The Pantone colours printed are accurate Pantone colours, but differ from a digital proof
(e) A Pantone colour is printed on a disc at less than 100% density without a white base,
(f) A vignette (tonal range fade) extends more than 40% (e.g. from 35% to 75%) on a printed disc,
(g) A design otherwise fails to follow Replicat artwork specifications and guidelines, resulting in an undesired printed result,
(h) The final design is printed on uncoated or brown stock, or is laminated, any of which causes the final colour to vary from any supplied proof. It is the responsibility of the client to allow for these elements.
3. Suitability of designs
Clients are responsible to ensure the suitability of the designs including for, colour, colour density and the available print resolution for silkscreen or offset printing onto disc and any other printed components and to ensure that their designs meet our specifications. Replicat cannot check the suitability of your colours, colour density or other design elements prior to printing. If the artwork differs from any laser or inkjet printout supplied, Replicat will print what is contained in the artwork and produced by colour separation films made from that artwork.
Without limiting the previous provisions, Replicat will not be liable to remanufacture or otherwise compensate the client in the event that the printed discs are deemed unsatisfactory due to inappropriate colour selection, inappropriate colour density or failure to follow our design specifications.
4. Hard copy professional proofs vv PDF proofs
Replicat does not accept hard copy proofs for colour matching except by prior arrangement and in conjunction with a job that has been specifically quoted as a single job on the press with a colour match process paid for. It is however recommended that clients note the great difference between looking at colours in printed form on the one hand, and on an RGB monitor on the other (either during the design process or when viewing our PDF proofs) and so if colour accuracy is particularly important we recommend visiting a print bureau and asking them to reproduce a CMYK print onto the same stock as your final production e.g. white coated, or more rarely white uncoated. Please note however that the ink spread is different on all paper stocks and may result in lighter or darker colours accordingly.
5. Blank/Duplicated CD-R, DVD-R, DVD-R/DL not 100% reliable
Duplicated blank media are simply not as reliable during playback as replicated media. Replicated media are manufactured to more stringent quality controls and are recommended for all commercial and other important projects. Duplicated media may not playback as expected for a variety of reasons, typically:
(a) Older players may not be able to play DVD-R or DVD-R/DL or other formats
(b) DVD content may be authored for incorrect TV standard or region
(c) A player(s) may have a malfunctioning laser which allows some discs to be read but not others.
(d) A disc(s) may have a small surface defect and need to be cleaned before playback.
(e) (If we have supplied blank media for burning) the burner or authoring software used may be malfunctioned or incorrectly used.
Replicat shall not under any circumstances be liable to replace blank or duplicated blank media supplied to a client if the discs fail to play for any of the reasons listed above. If you are experiencing problems with media, please use a different burner and/or different authoring software to re-test.
6. Short supply and manufacturing variance
Replicat routinely produces slightly more than the ordered quantity of discs, expecting to lose some as part of our quality control procedures.
In the very unlikely event that our quality control procedures or transit damage results in short supply, then Replicat shall not be liable to reproduce this shortfall unless the shortfall exceeds 100 discs or 1% of the ordered volume (whichever is greater).
We charge our clients based on the quoted unit price times the number of discs actually received, plus quoted setup, delivery and GST.
In the event that a certain quantity of free overruns have been included in a promotional offer, the number of free overruns offered is approximate only and no compensation will be offered in the event that Replicat supplies slightly more or less than the quantity of free overruns indicated on the quote.
7. Sleeve Sizes
Replicat produces a series of standard sleeve sizes (14mm spine DVD, 7mm spine DVD etc) and prints several titles to a plate, trimming all titles to the same spec/size. Given the variation in outer film welding methods on various cases, the final sleeve may be shorter than the maximum possible sleeve size on a given case by up to 10mm in total (although care is taken to align the spine artwork). It may be possible to see case lug holes as a result. This is not considered a manufacturing error, as it would cost clients substantially more to create a custom sleeve size for every possible case. Replicat will not be liable for any variance in sleeve sizes (up to 10mm, in total for any sleeve) or the appearance of any lug holes on the sleeves as a result.
8. CD & DVD Label Art
If you have designed CMYK label art - then we will match the colours to the digital proof approved, allowing a commercial tolerance for colour accuracy (see above at “Reproduction of colour, colour accuracy”).
If you have designed spot (Pantone) colour disc label art - then your discs will be matched to the Pantone colours specified. The digital proof should be used to confirm design layout - and as a rough guide for colours.
If you are supplying your own films for CMYK disc label art then a chemical proof is mandatory. If you are supplying your own films for spot (Pantone) colour disc label art - then your discs will be matched to the Pantone colours specified. The Pantone colour must be specified on each film.
9. Original client materials
Clients are responsible to retain copies of their original masters and artwork files. In the event that client materials are inadvertently lost or damaged, Replicat shall be liable for the replacement of the blank media only and will not be responsible under any circumstances for replacing the original master or artwork content.
It is standard practice at Replicat to retain possession of all original material to facilitate future reruns. In the event that materials are to be returned to the client, the client must give sufficient notice and shall bear the cost of retrieval from suppliers and return of those materials.
10. Conditions of Replication
All clients are required to sign a “conditions of replication” intellectual property rights indemnity form (available as part of our PDF quotation) prior to commencing trade with Replicat. It is strict company policy not to deal with any client we suspect of breaching the intellectual property rights of artists and their authorized distributors, and where it suspects this, Replicat reserves the right to refuse to enter into any arrangements, continue business arrangements or cancel any existing business at its sole discretion.
This “conditions of replication “ form indemnifies Replicat against any action for breach of copyright by a client and also alerts clients to the ramifications of any unauthorized replication.
11. Expected condition of printed cardboard packs
Cardboard is by nature a soft, malleable material that can expand and contract slightly in different climatic conditions. In certain rare circumstances this might affect cardboard disc packs. Replicat is not responsible for any minor changes to the structure of supplied printed cardboard packs caused by changes in climate or environment, including but not limited to bowing of cardboard underneath digipack trays, slight separation of panels and other minor imperfections. Replicat is also not responsible for flattening of wallet spines, creasing, minor scuffing and marks to packs that might reasonably be caused during product assembly, transit or storage.
12. Expected condition of discs
Discs are manufactured from a soft plastic known as OGP that is susceptible to scratches. Minor imperfections in the disc surface may be caused by hand assembly or client removal from the packs. If such wear does not affect playability then such wear is considered normal and no compensation or replacements would be provided, and Replicat will not be liable for any such minor wear (in Replicat’s discretion).
13. Mirror Band Text, Barcodes & ISRC codes
Replicat reserves the right to place its URL (www.replicat.com.au) and product code on the mirror band of any disc produced. If you do not wish our URL to be placed on the mirror band, then you must advise us in writing (via email to [email protected]) prior to production commencing.
If you use a Replicat-supplied barcode on your product packaging, then such products must be printed by Replicat under the terms granted by GS1 Australia for barcode use. In the event that you produce a rerun of this product in future with a different manufacturer, you must change the barcode number AND make a change to the product in some way (e.g. change to artwork or master) as GS1 requires that identical products may not have more than one unique barcode number assigned to it.
If you use Replicat-supplied ISRC codes and/or barcodes for your tracks or master then that's fine, but it may be easier to get these from your digital distributor if you're signing up for online sales.
PART B. General Terms
14. Description of the Products and Services
Without limiting Part A. Specific Terms, you acknowledge that we cannot guarantee that all goods and services described (whether in writing or photographically) on our website or otherwise by us are absolutely accurate at all times. Where we become aware of any inaccuracies in relation to the description of our goods or services, we reserve the right to correct those inaccuracies, without liability to you.
Images provided on our website are solely for illustrative purposes and we cannot guarantee that any particular image has been reproduced in true colour to perfectly match the particular goods or services or to perfectly reflect the full design or options pertaining to the particular goods. Similarly, all dimensions and weights provided by us or otherwise contained in catalogues, price lists, whether on our website or otherwise, are intended to as a general description and do not form part of this agreement.
(For additional terms regarding descriptions and colour reproduction, see Part A. Specific Terms, clauses 2-4, 8, 9, 12and 13.)
15. Prices, Ordering & Quotations
The prices charged for all Replicat goods and services are determined by us in our sole discretion. All amounts stated on this website are quoted in Australian Dollars (AUD). Prices quoted by Replicat are GST exclusive. You will be liable for any GST payable on the supply of any of the Replicat goods or services to you under an order.
Ordering of any goods or services occurs through the Replicat website (www.replicat.com.au) or by acceptance of a quotation provided by Replicat to the client. Standard packaging and postage charges will be calculated at the time of purchase in accordance with our internal policies. It is within our sole discretion to reject or cancel your order (including where one or more goods have been listed with an incorrect price, descriptive image or details due to error or oversight), and we are not required to provide reasons as to why we may have rejected your offer to purchase the goods or services.
All quotations and prices are subject to change until accepted by a client, and unless otherwise stated quotations are valid for 30 days after the date of the quotation. We are not responsible for any errors or omissions arising from information not provided in your initial written instructions, and the goods and services provided will be those set out in the relevant quotation.
Refunds may be provided in accordance with these Terms of Trade and in any event at Replicat's sole discretion, however no refunds will be provided if you have simply changed your mind.
16. Cancellation of orders
Any of the following actions will be deemed an official sales order and instruction to proceed, accepting the terms of our quotation and terms of trade:
(a) The payment of any amounts referred toin a Replicat quotation, order or invoice; or
(b) The physical, faxed, emailed or digitally transferred receipt of any forms, masters, artwork in relation to a Replicat quotation, order or invoice.
In the event that a client does not wish us to proceed with production after any of the above events, it is the client’s responsibility to provide written instructions via email to [email protected] and to also receive our verbal or electronic confirmation of this cancellation. The client shall be liable to Replicat for the order processing, artwork/master handling, proofing, materials, labour and other cost incurred in manufacturing the goods to that point, plus an administration cost of 20% of the goods value.
Unless agreed in writing prior to production commencing, a 50% deposit is required on placement of your order and full payment of the balance must be arranged prior to collection or delivery of goods unless a credit account has previously been established with Replicat. A credit account will be made available only upon acceptance by Replicat of an application made under our standard Credit Application Form (available upon request). If you maintain an up to date credit account with Replicat, terms for payment will be as set out in the Credit Application Form and these terms.
Partial delivery or collection is not available until full payment has been received. In the event that multiple deliveries are required, the balance must be received in full prior to the FIRST delivery. Payments can be made by cash, cheque (3 days clearance required), MasterCard, Visa, Bankcard or direct cash deposit into Replicat's bank account.
18. Delivery and Delays in Manufacture
The cost of delivery of any goods is payable by you in addition to any prices quoted for the goods. Where the cost of delivery is not quoted, it will be charged to you in accordance with our internal policies, calculated on a cost plus administrative fee basis.
Replicat takes pride in its track record for meeting our clients' deadlines for delivery of satisfactory product and providing realistic and achievable deadlines for order completion. However, all delivery times quoted by Replicat are estimates only, and offered without obligation.
In the event that order production is delayed due to circumstances beyond Replicat's reasonable control (including but not limited to force majeure event, rejection of client masters or artwork during manufacturing, transit delays, production delays, equipment malfunction and union activity), Replicat shall not be considered in breach for any delay or failure to proceed, or liable for any loss or damage arising out of a failure to deliver at a set time, or any delays involved in delivery, whether reasonable or not, resulting from those circumstances. The client shall remain liable for all amounts due under the contract upon the eventual delivery of product, to the extent allowed by applicable law. Clients are asked to provide ample additional time to allow for unforeseen circumstances.
Subject to Part A, Specific Terms, claims regarding shortages or variance in delivery will only be considered by us if you notify us within ten (10) business days of receipt of the goods.
(For additional terms regarding delivery and shortages, see Part A. Specific Terms, clause 6.)
19. Risk and Title
Provided that full payment has been made, risk and title in any goods provided by Replicat to you passes to you immediately upon despatch from our premises. Where full payment has not been made, risk passes upon despatch from our premises, and title is retained by us until full payment has been made.
20. Personal Property Securities Act
By entering into an order in accordance with these Terms of Trade, the client acknowledges and agrees that any agreement formed under these terms (including any order) constitutes a security agreement for the purposes of the Personal Property Securities Act 2009 (Cth) (PPSA) and until full payment has been made, creates a security interest in all of the client's present and after-acquired goods, materials, equipment or parts forming a part of the goods supplied by Replicat (Secured Goods).
The client will: (a) promptly sign any further documents and provide any further information that Replicat may reasonably require to register a financing statement, financing change statement or any other required document on the Personal Property Securities Register; (b) indemnify, and upon demand reimburse Replicat for all expenses incurred in registering a financing statement, financing change statement or any other required document on the Personal Property Securities Register or releasing any Secured Goods charged thereby; and (c) not register, or permit to be registered, a financing change statement or a financing change statement in respect of a security interest without Replicat's prior written consent.
Replicat and the client agree that nothing in sections 130(1)(a) and 143 of the PPSA will apply to these Terms of Trade or any order. The client: (a) waives its rights as a debtor under sections 92, 93, 94, 95, 97, 118, 121, 132, 135, 137, 140 and 142 of the PPSA; (b) waives its right to receive a verification statement in accordance with section 157 of the PPSA (unless otherwise agreed to in writing by Replicat); and (c) agrees that where Replicat has rights in addition to those under Chapter 4 of the PPSA, those rights will continue to apply; and (d) agrees that this clause will survive termination of these Terms of Trade or any agreement hereunder for the sale or provision of goods or services.
21. Restriction of Liability
To the extent allowed by applicable law, neither Replicat, its employees, agents, contractors, directors, shareholders nor associates shall be liable for any direct or indirect, consequential, special, punitive or other loss, damage or injury, whether in contract, tort (including negligence), equity or otherwise, arising from any matter under these terms, including any goods and services provided by Replicat, the manufacture, reproduction, distribution or use of any products manufactured by Replicat, delays in order completion, any other failure of performance, or any representation made on behalf of Replicat by its employees, directors, shareholders or associates.
Except as otherwise expressly set out in these terms, and to the extent permitted by applicable law, Replicat excludes all warranties, representations and guarantees, whether express or implied, related to these terms and any Replicat goods or services, and will have no liability to the client in connection with any such warranty, representation or guarantee. To the extent that any terms implied by law are deemed not excludable by law (non-excludable terms), Replicat’s liability for those non-excludable terms will be limited to (at Replicat's sole discretion): (a) the repair, replacement or re-supply of those goods or services; or (b) the payment of the cost of such repair, replacement or re-supply (as applicable).
22. Entire Agreement
This document expresses and incorporates the entire agreement between the parties concerning the subject matter of it and all the terms of the agreement between the parties. This document supersedes and excludes any prior or collateral negotiation, understanding or communication between the parties concerning the subject matter of this document or any term of that agreement.
This document shall be subject to and construed in accordance with the laws of the State of Victoria and parties to the contract will submit to the jurisdiction of the courts and tribunals of that State.
Please read this document carefully before accessing or using the Website. By accessing or using the Website, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the Website.
Replicat may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the Website. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the Website shall be deemed your conclusive acceptance of the modified agreement.
1. Website Information
While Replicat endeavours to ensure that the information provided on its Website is current and accurate, Replicat does not give any guarantee regarding that information. Replicat gives no undertaking as to the availability of any goods or services described on the Website.
2. Restrictions On Use
Domestic and international copyright and trademark laws protect the entire contents of the Website, including any trade marks, brands, logos or other materials found on the Website. The owners of the intellectual property, copyrights and trade marks are Replicat, its affiliates or other third party licensors. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the Website, including text, graphics, code and/or software.
Material from www.replicat.com.au and any other website owned, operated, licensed, or controlled by Replicat or any of its related, affiliated, or subsidiary companies may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of Replicat. You may print and download portions of material from the different areas of the Website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree that you shall have no recourse against Replicat for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Replicat.
3. Restriction of Liability
Replicat will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Replicat will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this Website, even if there is negligence or Replicat or an authorized representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages.
4. Ideas and Submissions
All remarks, suggestions, ideas, graphics, or other information communicated to Replicat through this Website (together, "Submissions") will forever be the property of Replicat. Replicat will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Replicat operations.
Without limitation, Replicat will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, Replicat will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission.
You acknowledge that you are responsible for whatever material you submit, and you, not Replicat have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
6. Information on this Website
The material in this Website could include technical inaccuracies or typographical errors. Replicat may make changes or improvements at any time. The materials in this Website are provided "as is" and without warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law. Replicat does not accept liability for any loss or inconvenience caused by errors or omissions in the information presented on the Website and disclaims liability for any errors or other inaccuracies relating to, the information and descriptions displayed on the Website.
7. Data Transmissions
No data transmission over the Internet can be guaranteed as totally secure. Whilst Replicat strives to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Any information which you transmit to us is transmitted at your own risk. Nonetheless, once we receive your information, we will use reasonable efforts to preserve the security of your information.
To the extent allowed by applicable law, Replicat disclaims all warranties, conditions and guarantees, including warranties of merchantability and fitness for a particular purpose. Replicat does not warrant that the functions contained in the material will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses or other harmful components. Replicat does not warrant or make any representations regarding the use of or the result of the use of the material in this Website in terms of their correctness, accuracy, reliability, or otherwise. You (and not Replicat) assume the entire cost of all necessary servicing, repair or correction.
To the extent that any terms implied by law are deemed not excludable by law (non-excludable terms), Replicat’s liability for those non-excludable terms will be limited to (at Replicat's sole discretion): (a) the repair, replacement or re-supply of those goods or services; or (b) the payment of the cost of such repair, replacement or re-supply (as applicable).
11. Compliance with Applicable Laws
Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside.
12. Dealings with Third Parties
Your participation, correspondence or business dealings with any third party found on or through the Website, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Replicat shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
The Site may provide, or third parties may provide, links to other (third party) websites or resources. Because Replicat has no control over such websites and resources, you acknowledge and agree that Replicat is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources.
You further acknowledge and agree that Replicat shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
REPLICAT PRIVACY & CREDIT REPORTING POLICY
Replicat committed to the protection of your personal information in accordance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (Privacy Act) and the “Credit Reporting Privacy Code” (the CR Code), which governs credit reporting in Australia. This Policy sets out how we collect, use, manage and store personal information, credit information and credit eligibility information.
1. What personal information we collect
"Personal information" refers to information that can reasonably be used to identify a specific person.
Personal information we may collect or hold may include your name, address, email address, telephone or mobile phone number, banking details, driver's licence number and any other personal information you or a person ostensibly authorised by you submit to us, as well any other information that we consider is necessary to perform our functions and activities.
2. How we collect personal information
We collect personal information in a number of ways, including:
(a) where you provide information directly to us, including on a hard copy form, email, by web form or telephone;
(b) where you interact directly with our employees and such other persons acting for us or on our behalf, such as our customer service team, including from electronic queries sent to us;
(c) from third parties, such as our service providers;
(d) through referrals from individuals or other entities;
(e) through marketing and business development events;
(f) where you provide feedback to us; and
(g) from publicly available sources of information.
We do not generally collect sensitive information about individuals. Where we collect, use and disclose sensitive information about you, we will only do so where it is reasonably necessary to conduct our business and either we have obtained your consent or it is permitted by law.
If you do not wish for your personal information to be collected in a way anticipated by our Policy, we will use reasonable endeavours to accommodate your request. If we do comply with your request, or you provide us with inaccurate or incorrect information, we may not have sufficient information to conduct our business and we may be limited:
(a) in our ability to keep you informed of company updates and services information;
(b) in our ability to properly conduct our operations;
(c) in considering your application for employment with us; and
(d) in our ability to respond to your inquiry or request.
In limited circumstances, it may be possible for you to use a pseudonym or remain anonymous when initially dealing with us. If you wish to use a pseudonym or remain anonymous you should notify us when making first enquiries. We will use our best endeavours to deal with your request, subject to our ability to provide you with the requested services without using your name.
3. Use and disclosure of personal information
We collect, use and disclose credit and personal information for the primary purpose of conducting our business, which includes:
(a) providing and managing the delivery of our products and services;
(b) responding to an inquiry or request; and
(c) compiling and maintaining mailing lists and communicating with persons on those lists.
In conducting our operations, we may share some of your personal information with third parties such as outsourced service providers and contractors. Unless you have agreed, these parties are not allowed to use your personal information for any other purpose except to assist in conducting our business. In particular, we may disclose your personal information to third party technology providers, our service providers and any other third parties incidental to us carrying out our functions.
We may use or disclose information for other purposes, doing something that one would reasonably expect us to do using the information, assessing a person’s application for employment with us and otherwise where you provide your consent, whether express or implied or where otherwise required by law.
4. What credit information we collect
"Credit Information" refers to certain information relating to an individual's credit-related dealings with us, and "credit eligibility information" refers to certain information related to an individual's credit-related dealings with other credit providers (as provided by credit reporting bodies). Credit information will only be collected where you are making an application for credit facilities with us.
Credit information we may collect or hold may include the above personal information, as well as employer, position held, income, consumer credit liability information, repayment history information, information request statements from credit providers, mortgage insurers or trade insurers, default information, payment information, new credit arrangement information, court proceedings information, personal insolvency information and other publicly available information related to your credit-worthiness.
5. How we collect credit information
We may collect credit information from individuals including a director of a company or partner of a partnership, or anyone else listed on an application form submitted to us for credit (Credit Application Form) from whom we have received consent.
We may collect credit information from individuals, where lawfully permitted to do so, in various ways including:
(a) collecting information submitted to us on a Credit Application Form;
(b) from a credit reporting body; and
(c) from another credit provider.
We may also collect credit reporting information from a credit reporting body.
6. Use and disclosure of credit information
We may also collect, use or disclose credit information for the primary purpose of conducting our business, which includes:
(a) assessing any application for a credit arrangement;
(b) establishing and maintaining customer accounts and managing such relationships;
(c) dealing with the management, recovery, securitisation and assignment of debts;
(d) to provide information to debt collection agencies for the purpose of recovering debts; and
(e) assessing credit defaults reported by any credit reporting body or a debt collection agency.
To enable us to assess a an applicant for a credit arrangement in a Credit Application Form, we may, where you have given consent:
(a) obtain from a credit reporting body a credit report containing personal information about the individual listed on the Credit Application Form, pursuant to section 21H of the Privacy Act; and
(b) obtain a report from a creditor reporting body and other information in relation to the commercial credit activities of all individuals listed on the Credit Application Form.
In accordance with section 21J of the Privacy Act, we may, where you have given consent, give to, and obtain from, any credit provider named in the Credit Application Form and credit providers that may be named in a credit report issued by a credit reporting body, information about your credit arrangements. Credit reporting information can be used for the purposes of assessing an application for credit, assisting the applicant to avoid defaulting on its credit obligations, notifying other credit providers of a default by it, assessing credit worthiness or assessing whether we ought to accept an application for credit and for internal management.
We may also disclose personal information to credit reporting bodies in relation to credit-relating dealings, for example where you have failed to meet payment obligations or commit a serious credit infringement. We may disclose credit information to the following credit reporting bodies:
Dun and Bradstreet
Attn: Public Access Centre
Attn: Credit Report
PO Box 964
PO Box 7405
PO Box 1969
1300 762 207
1300 734 806
1300 783 684
Each of these credit reporting bodies is required to have a policy about how it manages credit-related personal information. These policies can be accessed on each credit reporting body’s website or by contacting them directly.
An individual has the right to request a credit reporting body not to use his or her credit reporting information for pre-screening direct marketing requested by a credit provider. This request should be made directly to the credit reporting body.
7. Overseas disclosure
From time to time, we may disclose your personal information to overseas recipients, such as third party contractors or manufacturers, if it is necessary to provide our services.
We take reasonable steps to ensure that the receiving party provides commitments to privacy and confidentiality as required of us under the Australian Privacy Principles.
8. Storage and security of personal information
Where we hold your personal information and credit information (including any credit eligibility information), we will take reasonable steps to ensure that the information is secure and may only be accessed by authorised persons. Although we take all reasonable measures, we are not responsible for third party circumvention of security measures on our electronic databases or at any of our premises. Please note that third party recipients of personal information may have their own privacy policies and we are not responsible for their actions, including their handling of personal information.
Where Replicat receives credit eligibility information, it will store and maintain records of that information in accordance with the Privacy Act and the CR Code.
If any personal information that we hold is no longer required for the purpose for which it was collected and no applicable law requires us to retain that information, we will take reasonable steps to de-identify or destroy the information.
9. Access and correction of personal information
We will use reasonable steps to ensure the personal information we hold is complete, up to date and accurate, so far as it is practicable for us to do so. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
You may request access to the personal information we hold about you by contacting us with the details set out at the end of this Policy. Additionally, Part IIIA of the Privacy Act allows individuals to obtain confirmation of whether or not we hold credit eligibility information about them, as well as gain access to, or correct, the personal information we hold in certain circumstances. We may impose a reasonable charge for providing access to credit information.
If personal information we hold about you is incorrect, we will, on your request to correct it or where we are satisfied that the information is inaccurate, out of date, incomplete, irrelevant or misleading, take such steps as are reasonable in the circumstances to ensure that the information is corrected. If we refuse to do so, we will, to the extent reasonable, provide you a written response as to our reasons.
10. Direct marketing
From time to time, we may use your personal information for direct marketing purposes (for an indefinite period). This includes sending you updates about new investment opportunities. When we contact you, it may be by mail, telephone, email or SMS. Where we use or disclose your personal information for the purpose of direct marketing, we will:
(a) allow you to ‘opt out’ or in other words, allow you to request not to receive direct marketing communications; and
(b) comply with a request by you to ‘opt-out’ of receiving further communications within a reasonable time frame.
You may ask to be removed from our marketing lists at any time by directly contacting us. If you don't wish to receive direct marketing materials, please contact us using the details set out at the end of this Policy.
In this Policy:
credit information, has the meaning given in the Privacy Act, which relates to an individual's credit-related dealings with us;
credit eligibility information, has the meaning given in the Privacy Act, which relates to an individual's credit-related dealings with other credit providers, including: (a) credit reporting information, which has the meaning given in the Privacy Act, provided by credit reporting bodies; and (b) credit worthiness information which we derive from credit reporting information.
personal information means any information or opinion about a natural person (whether or not true) which is reasonably identifiable (and may include, as applicable, credit information, credit eligibility information, credit reporting information, credit worthiness information and sensitive information);
sensitive information means (without limitation) information about an individual’s race, political opinions, religious beliefs, philosophical beliefs, membership of a trade union, sexual preference, criminal record, or health, genetic or biometric information; and
“you” and “your” means a natural person whose personal information we have knowingly collected.
12. How to contact us
Should you have other questions or concerns about these privacy policies, please call us at +61 3 8456 7515 or send us an email at [email protected].
13. Changes to this policy
We may change this Policy at any time. If we make changes to this Policy we will notify you by publication on our Website. The revised version of the Policy will be effective at the time we post it.