Our Commitment to your Privacy
Last updated: 13 February 2019.
1. The Australian Privacy Principles
We will treat all personal information in accordance with any and all obligations that are binding upon us under the Privacy Act 1988 (Cth) (“Privacy Act”). The Privacy Act lays down 13 key principles in relation to the collection and treatment of personal information, which are called the “Australian Privacy Principles”.
2. What is “personal information”?
Personal information held by the Company may include your:
- name and date of birth;
- residential and business postal addresses, telephone/mobile/fax numbers and email addresses;
- bank account and/or credit card details for agreed billing purposes;
- any information that you provided to us by you during your account creation process or added to your user profile;
- preferences and password for using this site and your computer and connection information; and
- any information that you otherwise share with us.
3. Information provided to PayPal, Stripe, American Express, and MasterCard & VISA
Purchases which are made through this site may be processed securely and externally by PayPal, Stripe, American Express, MasterCard and VISA. Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to these providers, other than information that is required in order to process your order and deliver your purchased items to you (eg, your name, email address and billing address).
4. How we may collect your personal information?
At this site, we only collect personal information that is necessary for us to conduct our business as an online digital platform which enables clients to draft a Will.
5. Information that you provide to us
We may collect personal information that you provide to us about yourself when you use this site, including (without limitation) when you:
- create a user account, including your name and whomever you appoint as Trustee and Executor or the Beneficiaries, address, date of birth, contact details and other personal details;
- add information to your user profile;
- Financial information that you may submit through the application or site;
- Contact and identification details of any third party whom you have authorised to negotiate or provide your personal information on your behalf (including any agents or attorneys appointed by you under a power of attorney);
- purchase any products and/or services through this site;
- register for access to premium content or request certain premium features;
- complete an online contact form to contact us or any third party supplier;
- provide information to us by telephone or through marketing or competition application forms; or
- send us an email or other communication.
6. IP addresses
This site may also collect Internet Protocol (IP) addresses. IP addresses are assigned to computers on the internet to uniquely identify them within the global network. The Company collects and manages IP addresses as part of the service of providing internet session management and for security purposes. The Company may also collect and use web log, computer and connection information for security purposes and to help prevent and detect any misuse of, or fraudulent activities involving, this site.
If you do not give personal information to us, it may affect our ability to provide you with products and/or services.
Where we engage with you multiple times over a short period in relation to the same matter, we may not provide you with a separate notice about privacy each time we engage with you however we will provide you with an opportunity to opt–out of receiving communications about that matter within each of those communications.
7. Information from third parties
We may also receive information about you from third parties in relation to other websites. For example, you may choose to participate in a third party application or feature as part of our services (such as logging in through Facebook Connect or Google+ or otherwise linking to the services from another website or interactive service) or on a third party website or service (such as a Facebook application or a similar application or feature) through which you allow us to collect (or the third party to share) information about you, including personal information. When you choose to participate, you may be opting to link your activity on our site with the services of that third party website or service, which may then collect information about your visits to our site and may publish that activity as you request to your “profile” or similar feature with that third party (such as if you choose to share content you find on our site with your “connections” on the third party’s website or service).
This site uses “cookies” to help personalise your online experience. A cookie is a text file or a packet of information that is placed on your hard disk by a web page server to identify and interact more effectively with your computer. There are two types of cookies that may be used at this site: a persistent cookie and a session cookie. A persistent cookie is entered by your web browser into the “Cookies” folder on your computer and remains in that folder after you close your browser, and may be used by your browser on subsequent visits to this site. A session cookie is held temporarily in your computer’s memory and disappears after you close your browser or shut down your computer. Cookies cannot be used to run programs. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. In some cases, cookies may collect and store personal information about you. The Company extends the same privacy protection to your personal information, whether gathered via cookies or from other sources.
You can configure your internet browser to accept all cookies, reject all cookies or notify you when a cookie is sent. Please refer to your internet browser’s instructions to learn more about these functions. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of this site.
- remember your preferences for using this site;
- manage the signup process when you create an account with us;
- recognise you as logged in while you remain so. This avoids your having to log in again every time you visit a new page;
- facilitate e-commerce transactions, to ensure that your order is remembered between pages during the checkout process;
- show relevant notifications to you (eg, notifications that are relevant only to users who have, or have not, created an account or subscribed to newsletters or email or other subscription services); and
- remember details of data that you choose to submit to us (eg, through online contact forms).
Many of these cookies are removed or cleared when you log out but some may remain so that your preferences are remembered for future sessions.
10. Third party cookies.
In some cases, third parties may place cookies through this site. For example:
11. How we may use your personal information.
Your personal information may be used in order to:
- verify your identity;
- assist you to place orders through this site;
- process any purchases of products and/or services that you may make through this site, including charging, billing and collecting debts;
- make changes to your account;
- respond to any queries or feedback that you may have;
- notify you about important changes or developments to our functions, activities, services of the site;
- carry out any other activities which relate to or arise out of any investments or requests made by you;
- if you lodge a complaint with us – process and respond to your complaint;
- conduct appropriate checks for credit-worthiness and for fraud;
- prevent and detect any misuse of, or fraudulent activities involving, this site;
- conduct research and development in respect of our products and/or services;
- gain an understanding of your information and communication needs or obtain your feedback or views about our products and/or services in order for us to improve them; and/or
- maintain and develop our business systems and infrastructure, including testing and upgrading of these systems, and for any other purpose reasonably considered necessary or desirable by the Company in relation to the operation of our business.
It may take some time to put an opt-out or an unsubscribe in effect so you may still receive communications from us for several weeks after your request is received.
12. When we may disclose your personal information
In order to deliver the products/services you require or for the purposes set out above, the Company may disclose your personal information to organisations outside the Company. Your personal information disclosed to these organisations in relation to this site and to on sell your personal information to order for those service providers to market their services to you, and the Company takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information. These organisations may carry out or provide:
- customer/client enquiries;
- mailing systems;
- billing and debt-recovery functions;
- information technology services;
- marketing, telemarketing and sales services;
- our business partners and service providers (such as contractors who provide website, IT, marketing, administration and other services to support us);
- Suppliers we engage for data processing and other administrative and support functions;
- Our professional advisers (for example, our insurers, auditors, lawyers, accountants and consultants);
- Financial institutions (for payment processing);
- Any entity to whom we are required or authorised by law to disclose your personal information.
- market research; and
- website usage analysis.
In addition, we may disclose your personal information to:
- your authorised representatives or legal advisers (when requested by you to do so);
- credit-reporting and fraud-checking agencies;
- credit providers (for credit-related purposes such as creditworthiness, credit rating, credit provision and financing);
- our professional advisers, including our accountants, auditors and lawyers;
- government and regulatory authorities and other organisations, as required or authorised by law;
- organisations who manage our business strategies, including those involved in a transfer/sale of all or part of our assets or business (including accounts and trade receivables) and those involved in managing our business risk and funding functions; and
- the police or other appropriate persons where your communication suggests possible illegal activity or harm to others.
13. Contacting us about privacy
If you would like more information about the way we manage personal information that we hold about you, or are concerned that we may have breached your privacy, please contact us by email or by post.
By post at: P.O. Box 7206, Melbourne, VIC 3004.
14. Access to your personal information
In most cases, you may have access to personal information that we hold about you. We will handle requests for access to your personal information in accordance with the Australian Privacy Principles. All requests for access to your personal information must be directed to the Privacy Officer by email or by writing to us at our postal address. We will deal with all requests for access to personal information as quickly as possible. Requests for a large amount of information, or information that is not currently in use, may require further time before a response can be given. We may charge you a fee for access if a cost is incurred by us in order to retrieve your information, but in no case will we charge you a fee for your application for access.
In some cases, we may refuse to give you access to personal information that we hold about you. This may include circumstances where giving you access would:
- be unlawful (eg, where a record that contains personal information about you is subject to a claim for legal professional privilege by one of our contractual counterparties);
- have an unreasonable impact on another person’s privacy; or
- prejudice an investigation of unlawful activity.
We may also refuse access where the personal information relates to existing or anticipated legal proceedings, and the information would not be accessible by the process of discovery in those proceedings.
If we refuse to give you access, we will provide you with reasons for our refusal.
15. Correcting your personal information
We will amend any personal information about you that is held by us and that is inaccurate, incomplete or out of date if you request us to do so. If we disagree with your view about the accuracy, completeness or currency of a record of your personal information that is held by us, and you ask us to associate with that record a statement that you have a contrary view, we will take reasonable steps to do so.
16. Storage and security of your personal information
We are committed to maintaining the confidentiality of the information that you provide us and we will take all reasonable precautions to protect your personal information from unauthorised use or alteration. In our business, personal information may be stored both electronically (on our computer systems and with our website hosting provider) and in hard-copy form. Firewalls, anti-virus software and email filters, as well as passwords, protect all of our electronic information. Likewise, we take all reasonable measures to ensure the security of hard-copy information.
This may happen if our service providers are located overseas, or if transactions, information, services or products have an overseas connection. Where such parties are located overseas, you may have rights to enforce such parties’ compliance with applicable data protection laws, but you may not have recourse against those parties under the Australian Privacy Act (Cth) 1988 in relation to how those parties treat your personal information.
17. Third party websites
18. Redirection to PayPal, Stripe, American Express, and MasterCard & VISA
In particular, when you submit an order to us, you may be automatically redirected to PayPal, Stripe American Express, and MasterCard & VISA in order to complete the required payment. The payment page that is provided by these payment providers is not part of this site. As noted above, we are not privy to any of the bank account, credit card or other personal information that you may provide to payment providers, other than information that is required in order to process your order and deliver your purchased items to you (eg, your name, email address and billing address). We recommend that you refer to payment providers’ privacy statement if you would like more information about how the payment providers collects and handles your personal information.
You can set preferences for how Google advertises to you using the Google Ads Settings page (https://www.google.com/settings/ads). Facebook has enabled an AdChoices link that enables you to opt out of targeted advertising.
The Company welcomes the General Data Protection Regulation (“GDPR”) of the European Union (“EU”) as an important step forward in streamlining data protection globally. Although we do not operate an establishment within the EU and do not target any offering of services towards customers/clients in the EU specifically, we intend to comply with the data handling regime laid out in the GDPR in respect of any personal information of data subjects in the EU that we may obtain.
21. GDPR rights
The requirements of the GDRP are broadly similar to those set out in the Privacy Act and include the following rights:
- you are entitled to request details of the information that we hold about you and how we process it. For EU residents, we will provide this information for no fee;
- you may also have a right to:
– have that information rectified or deleted;
– restrict our processing of that information;
– stop unauthorised transfers of your personal information to a third party;
– in some circumstances, have that information transferred to another organisation; and
– lodge a complaint in relation to our processing of your personal information with a local supervisory authority; and
- where we rely upon your consent as our legal basis for collecting and processing your data, you may withdraw that consent at any time.
If you object to the processing of your personal information, or if you have provided your consent to processing and you later choose to withdraw it, we will respect that choice in accordance with our legal obligations. However, please be aware that:
- such objection or withdrawal of consent could mean that we are unable to provide our services to you, and could unduly prevent us from legitimately providing our services to other customers/clients subject to appropriate confidentiality protections; and
- even after you have chosen to withdraw your consent, we may be able to continue to keep and process your personal information to the extent required or otherwise permitted by law, in particular:
– to pursue our legitimate interests in a way that might reasonably be expected as part of running our business and which does not materially impact on your rights, freedoms or interests; and
– in exercising and defending our legal rights and meeting our legal and regulatory obligations.
22. Storage and processing by third parties
Data that we collect about you may be stored or otherwise processed by third party services with data centres based outside the EU, such as Google Analytics, Microsoft Azure, Amazon Web Services, Apple, etc and online relationship management tools. We consider that the collection and such processing of this information is necessary to pursue our legitimate interests in a way that might reasonably be expected (eg, to analyse how our customers/clients use our services, develop our services and grow our business) and which does not materially impact your rights, freedom or interests.
The Company requires that all third parties that act as “data processors” for us provide sufficient guarantees and implement appropriate technical and organisational measures to secure your data, only process personal data for specified purposes and have committed themselves to confidentiality.
23. Duration of retention of your data
We will only keep your data for as long as is necessary for the purpose for which it was collected, subject to satisfying any legal, accounting or reporting requirements. At the end of any retention period, your data will either be deleted completely or anonymised (for example, by aggregation with other data so that it can be used in a non-identifiable way for statistical analysis and business planning). In some circumstances, you can ask us to delete your data.
24. Keeping your information up-to-date
To ensure that your personal information is accurate and up to date, please promptly advise us of any changes to your information by contacting us via email or by post.
25. Lodging a complaint
If you have a complaint about how we handle your personal information (including how we dealt with any requests to correct or access your personal information), please contact us using the contact details below.
Please note that we may ask you to lodge your complaint in writing.
We will acknowledge receipt of your complaint as soon as possible after receiving your complaint in writing. We will investigate your complaint and provide you with a response within a reasonable timeframe.
If you are not satisfied with how your complaint is handled by us, you can lodge a formal complaint with the Office of the Australian Information Commissioner.
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If you require any further information about the Privacy Act and the Australian Privacy Principles, you can visit the Australian Information Commissioner’s website (see https://www.oaic.gov.au).