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Terms of Service

A detailed list of our conditions of use

  1. 1Interpretation
    1. 1.1"Access Credentials" means the security measures we provide you in order to restrict access to your account, including, but not limited to, your username, password and security questions.
    2. 1.2"AMEX" or "American Express" refers to American Express Australia Limited.
    3. 1.3"APCA" refers to the Australian Payments Clearing Association Limited.
    4. 1.4"BECS" refers to the Bulk Electronic Clearing System.
    5. 1.5"BPAY" refers to BPAY Pty Ltd (ABN 69 079 137 518).
    6. 1.6"Business Day" means a day that is not a Saturday, Sunday or gazetted Australian national holiday.
    7. 1.7"Cardholder" means a person to whom a financial transaction card has been issued bearing the livery of one of our Payment Schemes, a charge card or any other financial transaction card we request you to process.
    8. 1.8"Cardholder data" means the account information of the Cardholder including the PAN, expiry date, Cardholder Name and Sensitive Authentication Data.
    9. 1.9"Card Present" means a transaction that is initiated by a Cardholder through face to face transactions.
    10. 1.10"Card Not-Present" means a transaction that is initiated via the internet, over the phone or via other non-face-to-face transactions.
    11. 1.11"Client", "You", "Your" or "Merchant" means the entity or entities stated in the Application including any directors, proprietors, shareholders, owners, trustees, beneficiary's and guarantors, its successors and assigns who contracts with us to supply payment services.
    12. 1.12"Chargeback", "Refund" or "Dishonour" means a reversal of a Customer Payment for whatever reason.
    13. 1.13"Customer" means your clients or any entities you list with us to collect payments from.
    14. 1.14"Customer DDR" refers to a direct debit request initiated by you, either on our approved form as proof of your authority to debit.
    15. 1.15"Customer Payment" or "Payment" refers to any money received by us on your behalf through our nominated Payment Schemes.
    16. 1.16"Direct Debit" refers to the processing of debit instructions through BECS.
    17. 1.17"EFTPOS" means Electronic Funds Transfer at Point of Sale and is a trademark of Eftpos Payments Australia Limited.
    18. 1.18"MasterCard" means MasterCard International Inc.
    19. 1.19"NPP" means the New Payments Platform.
    20. 1.20"Nominated Bank Account" refers to your bank account as listed on this authority or as amended by you from time to time.
    21. 1.21"PAN" means Primary Account Number also known as the Cardholder account number or credit card number and commonly located on the front of most credit cards.
    22. 1.22"Payment Scheme" refers to BPAY, NPP, Direct Entry, Direct Debit, EFTPOS, Visa, Mastercard, American Express or any other payment type or scheme we provide access to including any rules, regulations or by laws that are attached to or expressed by the Payment Scheme.
    23. 1.23"Privacy Act" refers to the Privacy Act 1988 (Cth)
    24. 1.24"Supplied Technology" means any payment terminals, software, API's or hardware supplied to you by us.
    25. 1.25"Price" means the amount specified in our tax invoice, or the amount established by a course of dealing between us and you.
    26. 1.26"PCIDSS" means Payment Card Industry Data Security Standards. This refers to the data security standards mandated by the various Payment Schemes to facilitate the protection of Cardholder payment data from unauthorised access.
    27. 1.27"Sensitive Authentication Data" includes any full magnetic stripe, PIN verification or code otherwise known as CAV, CVC, CVC2, CVV, CVV2, PVV PIN and PIN Block data or any set of credentials used to access cardholder information or to initiate a Customer Payment.
    28. 1.28"Visa" Means Visa Inc.
    29. 1.29"We", "us" or "our" means PBA Financial Licensing Pty Ltd ABN 13 662 384 652 AFSL No. 549895 and Pay Advantage Pty Ltd ABN 38 749 739 150 Authorised Representative No: 001309789, our Payment Scheme partners, nominated banking representatives or any party we are required to appoint in relation to the provisioning of or management of Customer Payments or any related corporation as defined in the Corporations Act 2001 (Cth) including its successors and assigns.
    30. 1.30"Xero" refers to Xero Limited
  2. 2Declaration
    1. 2.1You declare and warrant that the applicant/s are neither bankrupt nor insolvent and have not committed any act of bankruptcy or traded whilst insolvent within the previous five (5) years.
    2. 2.2You agree to only use the service for the payment of invoices issued by you for goods or services provided by you and for payment by your Customers and only for legitimate and legal business activities occurring within Australia for products and services in compliance of this agreement and for services only described or listed in your initial application with us.
    3. 2.3The use of the service to collect payments on behalf of any other entity including acting as a payment facilitator/aggregator, debt collection agencies, sells, or provides exchange services for, virtual or foreign currency or for any other reason is strictly prohibited.
    4. 2.4You must:
      1. 2.4.1Not be located outside of Australia and must be registered as a valid Australian entity.
      2. 2.4.2Verify the identity behind any Customer Payment and ensure any authorisation to process a Customer Payment is not forged, obtained by fraud, deception or unauthorised.
      3. 2.4.3Not offer for sale any goods, services or promote through print or a website any item that is illegal, obscene, vulgar, offensive, defamatory, dangerous, counterfeit, copyright protected, in violation of export controls, gambling, unlicensed or otherwise inappropriate.
    5. 2.5As part of our provision of service you agree to enter into a tripartite agreement between you, us and our acquiring financial institution who's terms of service can be found here. You also agree you have read, understood and are capable of fully complying with their terms and where applicable after the term of this agreement.
  3. 3Your Obligations
    1. 3.1You agree to notify us in writing and seek our written approval and consent to any change to your business including but not limited to:
    2. 3.2Change to principle business activities;
    3. 3.3Change to the type of good or service supplied to your customers;
    4. 3.4Significant change to your website including content changes, products sold or any change to your websites URL or any new URL/website that you sell products on and collect payments for;
    5. 3.5You change your address;
    6. 3.6You change your bank account;
    7. 3.7There is any change to the proprietors or directors of your business;
    8. 3.8You change your company structure, ownership, shareholding or effective control;
    9. 3.9You list your business for sale;
    10. 3.10You become a bankrupt or commit any act of bankruptcy or insolvency.
  4. 4BPAY
    1. 4.1We agree to act as a master biller on your behalf to facilitate the receipt of BPAY payments by you.
    2. 4.2You agree to accept BPAY payments through our master biller code. Any BPAY biller code issued by us remains our property and cannot be transferred.
    3. 4.3You agree to be bound by all scheme rules relating to the provisioning of your BPAY service including compliance with all terms and conditions contained in the master biller agreement.
    4. 4.4At our sole discretion we may choose to limit the acceptance of payments to debit funds only and may vary this from time to time at our sole discretion.
    5. 4.5BPAY® is a registered trademark of BPAY Pty Ltd. Use of the BPAY logo and associated graphics must be used in accordance with the BPAY branding rules as set out at www.bpay.com.au. You must ensure you comply with these rules including but not limited to the placement and colour of the BPAY logo. You should first seek approval by us before using the BPAY logo on your invoice, stationary or advertising material.
  5. 5Direct Debit
    1. 5.1We agree to process Direct Debit instructions via our approved user id’s on your behalf to facilitate the receipt of Direct Debit payment by you; and
    2. 5.2You agree to be bound by the regulations in relation to the use of BECS as set out by APCA in relation to the processing of Direct Debits. A copy of these regulations can be downloaded by visiting www.apca.com.au.
    3. 5.3You must obtain a duly signed Customer DDR before setting up any Direct Debit. If the Customer DDR is not obtained directly by us using our secure authorisation channel the signed Customer DDR must be kept by you for a period of 24 months from the date we last debited your Customer’s bank account and must be presented to us with two (2) business days should we request.
    4. 5.4If you wish to alter a Customer’s DDR you must first obtain a new Customer DDR.
  6. 6Credit Cards
    1. 6.1You should familiarises yourself with the guides:
      1. 6.1.1Protecting Business Against Credit Card Fraud; and
      2. 6.1.2Your Guide to the Payment Card Industry Data Security Standards (PCI DSS); and
      3. 6.1.3In addition to any other guides, brochures, manuals or practical operating instructions relating to the operation of your facility which we provide from time to time.
    2. 6.2You agree you are capable of complying with the contents of the documents listed in 6.1 and where applicable after the term of this agreement.
    3. 6.3You agree to comply with any messages displayed or returned in relation to the processing of a card transaction.
    4. 6.4You must not request any Sensitive Authentication Data from a customer or cardholder.
    5. 6.5If you need to store or retain any cardholder data, whether stored electronically, on paper, encrypted or not encrypted, you are only permitted to store and retain:
      1. 6.5.1The Cardholder name and expiry date;
      2. 6.5.2The PAN rendered unreadable by redacting the PAN in compliance with PCIDSS and only store the first 4 and last 4 digits of the PAN.
    6. 6.6When processing a credit card you must not return the Cardholders PAN either online or in any transaction receipt.
    7. 6.7You are not permitted to accept credit cards via email. If you receive credit card information via email you are not permitted to process the card and should take immediate steps to permanently delete the email.
    8. 6.8Should you wish to accept payments from American Express cardholders you expressly agree to:
      1. 6.8.1adhere to the terms of the Sponsored Merchant Agreement and any other terms as stipulated by us or American Express from time to time including:
        1. 6.8.1.1to submit transactions to, and receive settlement from American Express, on behalf of you;
        2. 6.8.1.2undertaking to use the appropriate merchant category code in the authorization request to American Express
        3. 6.8.1.3consenting to the disclosure of transaction data, merchant data, Personal Information and other information about you or your Customers to American Express or its Affiliates, agents, subcontractors, and employees and to use such information to permit American Express to perform its obligations under the Sponsored Merchant Agreement, including to operate and promote American Express’s network, perform analytics and create reports, and for any other lawful business purpose as American Express sees fit;
        4. 6.8.1.4consenting to American Express requirements in respect to any disputes, transaction processes, authorisations, submissions and protecting Personal Information including those of your Customers;
        5. 6.8.1.5acknowledge and consent that you will not differentially surcharge American Express holders or discourage American Express holders from using or accepting American Express;
        6. 6.8.1.6your refund policy for purchases using American Express will be at least as favourable as refund policies using any other payment method and will be disclosed to American Express holders at the time of purchase and otherwise in accordance with applicable laws;
        7. 6.8.1.7agree and acknowledge that American Express may enforce their rights under the Sponsored Merchant Agreement against you as necessary to protect the American Express brand;
        8. 6.8.1.8if these Terms & Conditions or the American Express Agreement are terminated you agree to promptly remove all American Express branding, identification, logos and decals from your website, network facility or establishment;
        9. 6.8.1.9a third-party beneficiary provision, conferring on Amex beneficiary rights, but not obligations, to the Sponsored Merchant Agreement that will fully provide Amex with the ability to enforce the terms of the Sponsored Merchant Agreement against the Sponsored Merchant as necessary to protect the Amex brand;
        10. 6.8.1.10agreeing to indemnify American Express against any claims, losses, damages, costs, expenses, liabilities, actions, proceedings, judgments, awards, fines, penalties, interest, or other charges or expenses of any kind or nature whatsoever, including reasonable legal fees and expenses, arising out of or in connection with any breach of this agreement by you or any of your employees, agents, subcontractors or any other person acting on your behalf;a requirements to ensure that each Sponsored Merchant website does not contain libellous, defamatory, obscene, pornographic, or profane material or any information that may cause harm to individuals or to the Amex brand;
        11. 6.8.1.11the Sponsored Merchant will comply with all Applicable Laws, rules and regulations relating to the conduct of the Sponsored Merchant’s business.
      2. 6.8.2the Company submitting transactions and receiving settlements on behalf of the Sponsored Merchant;
      3. 6.8.3to give American Express equal representation with any signage, decals or other identification when promoting payment methods and remove them should the Sponsored Merchant Agreement be terminated as between the Company and American Express.
  7. 7Supply of Goods and Services. For any goods or services provided to your Customers where you accept a Customer Payment you must:
    1. 7.1Clearly identify your business including your full trading name, ABN, street address, telephone number, email address and country of domicile. You must also clearly identify and distinguish yourself from any other business or 3rd party; and
    2. 7.2Fulfil customer orders and requests in a timely manner; and
    3. 7.3Provide a clear explanation of shipping practices and delivery policies including your process should you be unable to fulfil an order or request for any reason. If any part of an order is not available you must notify your customer within two (2) business days; and
    4. 7.4Adequately deal with customer warranty or service requirements; and
    5. 7.5Establish a fair policy for disputes, exchanges, refunds or returns of any goods or services supplied and ensure this policy is made available to customers prior to taking any payment and in compliance with all required local, state and federal laws; and
    6. 7.6Not generate a significant number of complaints, including but not limited to the late or non supply of goods or services or failing to be reasonably accessible; and
    7. 7.7Promptly respond to any inquiry from your customers relating to a Customer Payment, cancellation or change to their order; and
    8. 7.8Establish a clear policy relating to customer data, how it is used and how it is protected; and
    9. 7.9Advise of any export restrictions; and
    10. 7.10If you are required to refund a Customer Payment this should be made:
      1. 7.10.1Where the transaction originated from a credit card directly to the credit card;
      2. 7.10.2In all other instances in a traceable form either by direct transfer or cheque payable to the customer and not paid as cash.
  8. 8Payments, Transfers, Dishonours, Refunds and Chargebacks
    1. 8.1Customer Payments will be held on your behalf until funds are cleared. Cleared funds will be credited to your ledger and then deposited into your Nominated Bank Account. Although we may deposit funds into your account, a Chargeback can occur on any Customer Payment at any time up to five (5) years after the Customer Payment has been deposited into your Nominated Bank Account.
    2. 8.2We do not guarantee the creditworthiness or the correct identity of any Cardholder or Customer Payment irrespective of whether any transaction is approved or processed.
    3. 8.3You are responsible for reconciling any settlement of customer payments. If you have any concerns about any missing amounts you must contact us within seven (7) days from the date of the payment. Any disputes raised after this time will not be reprocessed.
    4. 8.4We accept no responsibility for incorrect Customer Payments, refunds or deposits to your Nominated Bank Account due to failure on your part to protect your Access Credentials OR you supply us with an invalid or incorrect account number or your Nominated Bank Account is changed by a 3rd party.
    5. 8.5Any payment processed through our system may be subject to specific chargebacks rights afforded to the customer and in accordance with the relevant scheme obligations. Each payment scheme has detailed rules setting out when a customer can seek a refund through a chargeback. You understand and agree that these rights exist and all payments processed are conditional and subject to the rules imposed by the relevant scheme, including their rules around awarding or deciding any chargeback. You also understand that the card schemes or the card issuer’s are responsible for adjudicating chargebacks.
    6. 8.6Pay Advantage can not be held liable for any payment that is refunded through the chargeback system and a refund through the chargeback system does not represent an opinion on the validity of any payment. As such, any disagreement in regards to chargebacks or refunds should be litigated directly with the customer responsible for the payment.
    7. 8.7You are required to assist us in respect to any investigation, enquiry or dispute which occurs in relation to any Customer Payment including supplying us with any documentation requested to support the authorisation of the payment including but not limited to debt authority forms, correspondence, purchase orders, contracts, ID documents, delivery slips, personal information or any other information we deem necessary.
    8. 8.8Should you not be able to substantiate the reasons for processing a customer payment, fail to supply us with any requested information or authority to process a payment or should we, or the Customers bank, determine the payment was not authorised, the service not reasonably supplied or the documentation is not sufficient for any reason we may withhold from settlement, refund or chargeback any Customer Payments made without your consent, and at our sole discretion.
    9. 8.9Customer Payments, settlements or transfers to your nominated account may be delayed, frozen, refunded, blocked, cancelled or refused if:
      1. 8.9.1we believe the payment may be the result of fraud, deception, illegal activity, money laundering, unethical demand for payment or unauthorised;
      2. 8.9.2we believe you have not reasonably supplied the goods or services or the goods or services supplied are not permitted under this agreement;
      3. 8.9.3you are not able to demonstrate the validity of the Customer Payment to our satisfaction;
      4. 8.9.4we become aware of any adverse information that would impact our decision to provide a service including, but not limited to:
        1. 8.9.4.1change in the business status;
        2. 8.9.4.2credit default of either the business, owners, directors or associated entities;
        3. 8.9.4.3negative reviews;
        4. 8.9.4.4excessive customer complaints;
        5. 8.9.4.5adverse media reports;
        6. 8.9.4.6excessive payment decline rates, payment enquiries or chargebacks;
        7. 8.9.4.7indicators which would lead us to reasonably suspect fraudulent activity;
        8. 8.9.4.8unusual transaction volumes, amounts or activity;
      5. 8.9.5adverse listing or potential match on any database including, but not limited to:
        1. 8.9.5.1anti-money laundering and counter-terrorism financing;
        2. 8.9.5.2sanctions;
        3. 8.9.5.3governance;
        4. 8.9.5.4anti-bribery and corruption;
        5. 8.9.5.5international trade compliance;
        6. 8.9.5.6fraud;
        7. 8.9.5.7laundering;
        8. 8.9.5.8excessive chargebacks or returns;
        9. 8.9.5.9violation of standards set by a card network;
        10. 8.9.5.10bankruptcy;
        11. 8.9.5.11insolvency;
      6. 8.9.6you have breached:
        1. 8.9.6.1any Payment Scheme rules or regulations;
        2. 8.9.6.2this agreement;
        3. 8.9.6.3any state or commonwealth laws in relation to the supply of goods or services;
        4. 8.9.6.4any anti money laundering laws or responsibilities.
      7. 8.9.7we believe for whatever reason that you will not be able to satisfy your obligations under this agreement including, but not limited to any obligations to fulfill chargebacks, refunds or return any customer payment.
    10. 8.10If a customer payment or transfer to your nominated account is delayed, frozen, refunded, blocked, cancelled or refused:
      1. 8.10.1we are not obliged to advise the reason, other than in instances where we are compelled to do so by law. In some instances we may not be in a position to advise the reason until we complete additional checks or investigations;
      2. 8.10.2we may hold back any amount for any period of time we deem necessary to satisfy the obligations under this agreement.
    11. 8.11If we are required to reverse any payment for any reason we are not liable for any costs or damages incurred by you as a result of the payment reversal and you will be liable for the fees associated with the payment including the reversal, refund or chargeback.
    12. 8.12If we are required to reverse, refund or chargeback a Customer Payment that has settled to you for whatever reason, or we receive a dispute in relation to any Customer Payments, you agree to us debiting this amount from your Nominated Bank Account or any funds held on your behalf, at our discretion, without notice. If this debit fails or is returned, payment is due and payable immediately. Any funds debited will be held until any dispute is resolved to which we will either reverse, refund or Chargeback the Customer Payment or deposit the amount into your Nominated Bank Account.
    13. 8.13You agree to us deducting any fees, charges or amounts related to this agreement that is outstanding from any Customer Payments not yet settled to your Nominated Bank Account.
    14. 8.14Unless otherwise agreed, all amounts owing to us on account of Services supplied to you on credit are due and payable within our agreed timeframe, but no later than ten (10) days from the date of our invoice.
    15. 8.15You agree that if you fail to pay in accordance with this clause, we may:
      1. 8.15.1charge interest at 18% per annum from the due date for payment;
      2. 8.15.2charge and recover all collection and legal costs incurred by us on an indemnity basis;
      3. 8.15.3withhold supply of services;
      4. 8.15.4debit any amount due including any returned or dishonoured Customer payments from your Nominated Bank Account.
      5. 8.15.5Terminate this agreement.
  9. 9Data security and management
    1. 9.1You agree to comply with all applicable laws and regulations including but not limited to the Privacy Act, the Corporations Act and any other relevant legislation.
    2. 9.2You agree to maintain the security of your Access Credentials and not share them with any third party.
    3. 9.3You agree to comply with all PCI DSS requirements and maintain the security of all Cardholder data.
    4. 9.4You agree to report any security breaches or suspicious activity to us immediately.
  10. 10Termination
    1. 10.1Either party may terminate this agreement by giving 30 days written notice to the other party.
    2. 10.2We may terminate this agreement immediately if you breach any of these terms and conditions.
    3. 10.3Upon termination, you must immediately cease using our services and return any Supplied Technology to us.
    4. 10.4All outstanding fees and charges must be paid within 7 days of termination.
  11. 11Intellectual Property
    1. 11.1We have exclusive ownership of all intellectual property (including patents, designs, copyright, trademarks, trade secrets, symbols, logos, know-how, methods, drawings, specifications, inventions, improvements, trade information, price lists, reports, processes and graphics), their trademarks and the goodwill attached to such intellectual property as owned by us;
    2. 11.2You have no rights or interest in our intellectual property other than for the purposes of use as contemplated by this agreement, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies and you must obtain our written approval before using any such intellectual property in any way.
  12. 12Advertising
    1. 12.1You must ensure that you do not use any advertising or promotional material or promote the availability of any facility if such material has not been previously approved by us.
    2. 12.2You should seek our express written permission prior to the production and publication of any advertising, documents or other material containing any description of or any reference whatsoever to us, our Payment Schemes, our Products, name or trademarks.
  13. 13Indemnity
    1. 13.1Indemnify us for all losses, expenses, fines and penalties (including any fines or penalties levied by any Payment Scheme), costs (including legal costs) and enforcement expenses that we may suffer arising directly or indirectly through the provisions of or ongoing supply of payment services to you including any amount reasonably incurred by the use of our staff or facilities in the event of a breach of this agreement.
    2. 13.2Each indemnity given under this Agreement is a continuing obligation that succeeds the termination of this Agreement.
  14. 14Consumer Credit Code
    1. 14.1You declare and warrant that the credit to be provided is to be applied wholly or predominantly for business purposes and not for personal, domestic or household purposes.
  15. 15Jurisdiction
    1. 15.1This agreement shall be deemed to have been made in Queensland, and shall be interpreted in accordance with the laws of Queensland, Australia and you agree to submit to the jurisdiction of the Courts of Queensland at Brisbane to determine any dispute or matter arising out of this agreement.
  16. 16Whole Agreement
    1. 16.1These terms and conditions together with the application embody the whole agreement between the parties and all previous dealings, representations and arrangements are hereby excluded and cancelled.
    2. 16.2You agree and acknowledge that you have not entered into this agreement in reliance on any representation or warranty expressly or impliedly given or made by us.
  17. 17Severance and Waiver
    1. 17.1If any part of this agreement is found to be void, unlawful or unenforceable, then that part may be severed from the agreement and the severed part will not affect the validity and enforceability of any remaining provisions of the agreement.
    2. 17.2Any waiver of our rights under this agreement must be in writing and signed by our authorised representative.
  18. 18Right to amend terms and conditions
    1. 18.1We reserve the right to amend these terms and conditions by giving you notice of the amended terms and conditions to your address or email as specified on the face of the application or as notified by you from time to time.
    2. 18.2You are deemed to accept any amended terms and conditions unless you notify us in writing within seven (7) days of your objection to the proposed amendment to the terms and conditions.
    3. 18.3Should you object to any amendment to our terms and conditions you should immediately cease processing all payments through our system. Should you continuing processing payments you will be deemed to have accepted our terms and conditions despite any objection that may have been made.
    4. 18.4Advanced notice may not be given in some instances when a change is necessary by an immediate need to restore or maintain the security of our systems or where you cannot be reasonably contacted.
  19. 19Force Majeure
    1. 19.1The parties will not be liable for any loss or damage (whether direct or indirect) nor be in default under the Agreement for failure or delay to observe or perform any provision of the Agreement, for any reason or cause of whatever nature which could not, with reasonable diligence, be controlled or prevented by the parties including, without limitation, acts of God, acts of nature, acts of governments or their agencies, fire, flood, storm, riots, power shortages or power failures, strikes, lockouts, labour disputes, sudden and unexpected system failure or disruption by war, sabotage or inability to obtain sufficient labour, raw materials, fuel or utilities.
    2. 19.2This clause does not apply in relation to your obligation to pay us under the Agreement.
  20. 20Xero Integration
    1. 20.1For the purpose of integrating your account with Xero, you agree to:
      1. 20.1.1Us sharing details with Xero, information about your Company, your users, your customers, your payments and your invoices in addition to any other data that we need to share with Xero for the purpose of integration;
      2. 20.1.2Xero sharing details with Us, information about your Company, your users, your customers, your payments and your invoices in addition to any other data that Xero needs to share with Us for the purpose of integration;
      3. 20.1.3Us managing the application of Credit Invoices to Invoices;
      4. 20.1.4Us creating and updating invoice items required by the sharing of invoices.
    2. 20.2This authority can be revoked at any time by disconnecting your account from your Xero organisation. This will:
      1. 20.2.1Prevent any future sharing of information between your account and Xero;
      2. 20.2.2Not alter or remove any information has already been shared.
    3. 20.3You agree that any information in your Xero account that is to be shared with us has been obtained and you have consent to use and share with Us in accordance with the Privacy Act.