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Privacy Policy

The Anumis Legal Privacy Policy Effective from 19 March 2019

1. Introduction

Anumis Legal (ABN 54 600 502 323) (weus or our) has adopted this Privacy Policy, in accordance with the Australian Privacy Principles in the Privacy Act 1988 (Cth) (APPs), to outline how we deal with “personal information”, which is information about an individual whose identity is apparent, or can reasonably be ascertained, from that information (Personal Information).

Most of the Personal Information that we collect is collected in conjunction with the legal services that Anumis Legal provides to its clients (Services).

2. The kinds of Personal Information that we collect and hold

For the purpose of conducting our business and providing the Services, we may collect the following categories of Personal Information about individuals:

(a) (Identity Information) name, signature, location, website address, date of birth, nationality, license & registration details, bank account details, family details, employment details, educational qualifications and third-party usernames;

(b) (Contact Information) email address, social media profiles, telephone & fax number, third-party usernames, residential, business and postal addresses;

(c) (Finance Information) information and records about individuals’ finances;

(d) (Internet Data) Internet Protocol or “IP address”, referring web site addresses, browser type, operating system, domain name, access times and other data typically collected by analytics services like Google Analytics; and

(e) (Business Information) information about individuals’ business or projects, including information on professional affiliations or services offered.

The APPs categorize certain types of Personal Information as “sensitive information” (Sensitive Information). Included in this category is health information. We may collect and share between us sensitive information from individuals about their health, health services or wishes regarding health care. It is sometimes necessary for us to collect this information for the purposes of estate planning.

If an individual engages Anumis Legal to provide estate planning legal services, they consent to our collection, use and disclosure of this health information for the purpose of providing our legal services, in accordance with this Privacy Policy.

3. How we collect Personal Information

4. How we hold Personal Information

We hold and store Personal Information using:

(a) (Storage Services) third party data storage services, which are businesses that professionally manage information technology infrastructure;

(b) (Software Services) third party application providers, where we use an application for the purposes of our business and store data in association with that application on infrastructure provided by those third party application providers;

(c) (Business Devices) devices operated by employees, contractors or agents of our business including computers and thumb drives; and

(d) (Paper Files) printed paper and archival storage services.

We may combine or link Personal Information about you that we collect on one occasion, with Personal Information about you that we collect on other occasions.

We and our employees, contractors and other authorised representatives will take all reasonable precautions to protect Personal Information from unauthorised access. This includes appropriately securing our physical facilities and electronic networks.

We secure Personal Information that we collect by:

(e) (Credentials) using authentication credentials for each portion of the data storage infrastructure that we control in accordance with industry or accepted practice;

(f) (Passwords) using software to generate passwords that are less vulnerable to “brute force” attacks;

(g) (Session Expiry) Forcing time-out of authentication sessions and requiring re-authentication to minimise risk associated with idle connections;

(h) (Firewalls) Using both server and network firewalls to control access points in and out of the data storage infrastructure; and

(i) (Reputable Vendors) ensuring that the third party providers holding data and information on our behalf are reputable vendors taking reasonable steps to secure the information.

By using any part of the Services, individuals acknowledge that the security of online transactions and the security of communications sent by electronic means or by post cannot be guaranteed. Individuals provide information, including Personal Information, to us via the Services at their own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, Personal Information where the security of information is not within our control.

By using any part of the Services, individuals acknowledge that we are not responsible for the privacy or security practices of any third party (including third parties that we are permitted to disclose or transfer Personal Information to in accordance with the Privacy Policy or any applicable laws). The collection and use of Personal Information by such third parties may be subject to separate privacy and security policies. Individuals acknowledge also that neither of us is responsible for the privacy or security practices of the other.

4. How we hold Personal Information

We hold and store Personal Information using:

(a) (Storage Services) third party data storage services, which are businesses that professionally manage information technology infrastructure;

(b) (Software Services) third party application providers, where we use an application for the purposes of our business and store data in association with that application on infrastructure provided by those third party application providers;

(c) (Business Devices) devices operated by employees, contractors or agents of our business including computers and thumb drives; and

(d) (Paper Files) printed paper and archival storage services.

We may combine or link Personal Information about you that we collect on one occasion, with Personal Information about you that we collect on other occasions.

We and our employees, contractors and other authorised representatives will take all reasonable precautions to protect Personal Information from unauthorised access. This includes appropriately securing our physical facilities and electronic networks.

We secure Personal Information that we collect by:

(e) (Credentials) using authentication credentials for each portion of the data storage infrastructure that we control in accordance with industry or accepted practice;

(f) (Passwords) using software to generate passwords that are less vulnerable to “brute force” attacks;

(g) (Session Expiry) Forcing time-out of authentication sessions and requiring re-authentication to minimise risk associated with idle connections;

(h) (Firewalls) Using both server and network firewalls to control access points in and out of the data storage infrastructure; and

(i) (Reputable Vendors) ensuring that the third party providers holding data and information on our behalf are reputable vendors taking reasonable steps to secure the information.

By using any part of the Services, individuals acknowledge that the security of online transactions and the security of communications sent by electronic means or by post cannot be guaranteed. Individuals provide information, including Personal Information, to us via the Services at their own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, Personal Information where the security of information is not within our control.

By using any part of the Services, individuals acknowledge that we are not responsible for the privacy or security practices of any third party (including third parties that we are permitted to disclose or transfer Personal Information to in accordance with the Privacy Policy or any applicable laws). The collection and use of Personal Information by such third parties may be subject to separate privacy and security policies. Individuals acknowledge also that neither of us is responsible for the privacy or security practices of the other.

5. The purposes for which we collect, hold, use & disclose Personal Information

We collect, hold and use Personal Information for the purpose of providing the Services to individuals, since the Services often involve dealing in Personal Information. This includes holding and using the Personal Information so that we can:

(a) (Identify)identify individuals for the purpose of providing the Services;

(b) (Communicate) communicate with individuals for the purpose of providing the Services, including communications about our goods and services; marketing and promotions; and competitions, surveys and questionnaires; and

(c) (Transact) transact with individuals for the purpose of providing the Services.

We tend not to use information collected via automated means to identify specific individuals. Rather, it is generally used for data analysis. For example, we may use cookies and log information to ascertain the number of unique visitors to our website, whether or not those visitors are repeat visitors, and the source of the visits.

6. Sharing Personal Information

We share, use and disclose Personal Information so that we can represent our client’s interests in litigation, and in commercial dealings. For example, our clients’ personal information would be included on court documents, pleadings, on contracts and in formal and informal legal correspondence.

We use Outlook email to manage our practice. It is not usual for these organisations to access information we manage on their platforms. The web servers for these apps are located overseas.

We also disclose Personal Information to companies that we work with to provide us with administration, secretarial and data processing services, such as Actionstep (www.actionstep.com). Such processing is designed to make our Services more efficient. For information on disclosures to overseas recipients, see below.

7. How an individual may access & correct Personal Information

Individuals have a right to:

(a) request access to the Personal Information that we hold about them; and

(b) correct Personal Information that we hold about them.

If an individual wishes to access the Personal Information that we are holding about them, or correct Personal Information that we are holding about them, they can contact us using the following details:

Position Title:

Administration

Telephone:

(07) 5455 6347

Email:

[email protected]

Postal Address:

PO Box 853, Noosa Heads, QLD 4567

We reserve the right to refuse access where there are reasonable grounds for doing so, for example if

(c) the request is frivolous; or

(d) providing access would be unlawful or would compromise the privacy of another person.

8. How an individual may complain about an APP breach, and how it will be handled

(a) If an individual has a complaint relating to an alleged breach of the APPs, he or she should contact us in writing using the details listed in the previous section of this Privacy Policy.

(b) When an individual notifies us of a complaint about our handling of his or her Personal Information, we will deal with the complaint by responding to it in writing within 14 days.

(c) We will endeavour to work with the individual complaining to resolve the complaint entirely within 30 days, although that period may be longer if it is reasonable.

(d) If an individual is unsatisfied with our response, the individual may refer the complaint to the Office of the Australian Information Commissioner (http://www.oaic.gov.au/).

9. Disclosure of Personal Information to overseas recipients

9. Disclosure of Personal Information to overseas recipients

(a) We disclose Personal Information to overseas contractors in the Philippines and United States for the purposes of administration, secretarial services and data-processing services.

(b) Individuals who disclose personal information to us for the purpose of obtaining the Services consent to the disclosure of their personal information to such contractors, for those purposes.

(c) Overseas recipients are not bound by the APPs. The privacy protection in their countries may not meet Australian standards.

(d) If you consent to this overseas disclosure:

(i) you will not be able to rely on the avenues provided by the APPs to protect and enforce your privacy in relation to anything that overseas recipient does with your personal information; and

(ii) we will not be accountable for the overseas recipient’s use of your personal information.

(e) In any event, we take reasonable steps to ensure that the Personal Information that we transfer to overseas recipients will not be held, used or disclosed by the recipient of the information inconsistently with the APPs.

Terms & Conditions of Use

The Anumis Legal Privacy Policy Effective from 19 March 2019

1. Introduction

  1. The website called www.anumis.com.au and (Site) is owned and operated by Anumis Legal.
  2. In these terms and conditions (Terms), “us”, “we” and “our” refer to the Firm, and references to “you” or “your” is to you, the end user of the Site (User). The Terms will also refer to other end users of the Site (Users).
  3. In these Terms, Content means all information, graphics, HTML, text, software and materials on the Site. In these Terms, a reference to use of the Site also means use of the Content.
  4. By using the Site, you agree to be bound by these Terms and the Firm’s Privacy Policy, which may be viewed at https://www.anumis.com.au/privacy/ (Privacy Policy). If you do not agree with any part of the Terms or the Privacy Policy, you must stop using the Site immediately.
  5. All notices, enquiries and complaints can be communicated to the Firm at [email protected]

2. Conditions of Use

  1. You are granted a limited and revocable license to view and use the Site in accordance with these Terms if you:
  • 1. are over the age of 18 years;
  • 2. are capable of forming binding contracts;
  • 3. are not breaking any law by accessing and using the Site (by reference to laws in your jurisdiction and the Firm’s);
  • 4. use the Site for lawful purposes only (by reference to laws in your jurisdiction and the Firm’s);
  • 5. use the Site only in the way that it is designed to be used; and
  • 6. do not engage in any improper, indecent, bullying, harassing or offensive conduct while using the Site (as determined by us at our sole discretion).

2. Your licence to use the Site will be immediately revoked if you breach any of the conditions in clause 2(a).

3. Content on the Site

  1. All Content is for informational purposes only, and is to be used or relied on at your own risk. We make no warranty or representations as to the accuracy of the Content.
  2. You agree and acknowledge that there may be technical or administrative errors in the Content.
  3. We reserve the right to correct any errors in the Content and on the Site without any notice to you.

5. Intellectual Property

  1. All title, ownership rights and intellectual property rights, including copyright, in relation to the Site is owned or used under licence by the Firm.
  2. Without the express written permission of the Firm, you shall not:
  • 1. replicate all or part of the Site in any way; or
  • 2. incorporate all or part of the Site in any other webpage, site, application or other digital or non-digital format.

3. The Site includes registered and unregistered trade marks. You shall not copy, alter, use or otherwise deal in the Firm’s marks without the prior written consent of the Firm.

4. You agree that you will not copy any part of the Site for your own purposes. You may however view the Site using your web browser and make a temporary copy of all or part of the Site for your personal use only.

6. Complaints about the Site

1. If you have a complaint in connection with the Site for which you consider that the Firm is liable (Complaint), you must report it to us within 10 days of the circumstances giving rise to the Complaint first occurring. We may or may
not investigate your complaint, depending on its nature, a choice that will be at our sole discretion.

2. If you are not satisfied with our action under clause 6(a) of the Terms, you must formally notify us of your complaint with a written notice (Complaint Notice) which includes, or is accompanied by, full and detailed particulars of the
Complaint.

3. Within 10 days after a Complaint Notice is given, a representative of the Firm will respond to the Complaint Notice in writing (Firm Response).

4. In accordance with this section, you agree not to bring court proceedings against us in respect of any Complaint unless you comply with the requirements of this clause (but subject always to any rights you may have as a consumer under the Competition and Consumer Act 2010 (Cth) or any equivalent legislation).

7. Privacy

  1. The Firm will collect and use personal information in accordance with its Privacy Policy.
  2. You acknowledge and accept the terms and conditions of the Privacy Policy at https://www.anumis.com.au/privacy/ 
  3. You agree that you will not do anything that shall compromise the Firm’s compliance with its Privacy Policy nor do anything contrary to the Privacy Policy insofar as your use of the Site is concerned.
  4. We may amend the Privacy Policy at our sole discretion by providing you with a period of notice that we determine to be reasonable. By continuing to use the Site after an amendment to the Privacy Policy, you agree to be bound by the Privacy Policy as
    amended.

8. Exclusion of Liability

  1. You acknowledge and agree that:
    • 1.you use the Site at your own risk; and
    • 2. we are not responsible for the conduct or activities of any other User of the Site.

2. As a consumer, there are certain rights (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded (Non Excludable Condition). This clause is subject to those Non Excludable
Conditions.

3. You agree that all implied guarantees, conditions and warranties are excluded from the Terms, except any Non Excludable Condition.

4. Subject to the application of any applicable Non Excludable Condition, all other liability to you for any costs, expenses, losses and damages suffered or incurred directly or indirectly by you in connection with the Terms, the Website, whether that liability arises in contract, tort (including by our negligence) or under statute, is excluded. Subject to the application of any Non Excludable Condition, we will not, under any circumstances, be liable to you for any indirect or Consequential Loss.
Consequential Loss means loss of revenue, loss of profits, loss of anticipated savings or business, pure economic loss, loss of data, loss of value of equipment (other than the cost of repair), loss of opportunity or expectation loss and any other
form of consequential, special, indirect, punitive or exemplary loss or damages.

5. Apart from those that cannot be excluded, we exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any Non Excludable Condition is restricted, at our option to:

    • 1. the re-supply of services or payment of the cost of re-supply of services; or
    • 2. the replacement or repair of goods or payment of the cost of replacement or repair.

9. Indemnity

  1. By using the Site, you agree to indemnify us and our directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly, from your use of the Site.
  2. Without limiting the generality of the above, you agree to indemnify us and our officers, employees, contractors and agents (the Indemnified) against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified
    arising directly or indirectly from your breach of the Terms and any negligent or unlawful act or omission by you in connection with the Site.
  3. Without limiting the generality of the above, you further agree to indemnify the Indemnified against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified arising directly or indirectly from a contract in force between
    us and a third party connected with the Site.

10. Termination

  1. Either party may end the agreement arising from the Terms immediately for any reason by giving the other party written notice.
  2. Where the agreement arising from these terms has been terminated you must immediately cease to use the Site.
  3. The Firm has the right, but not the obligation, to monitor the Content of this Site, to determine compliance with these Terms and any other operating rules established by the Firm.
  4. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.

11. Notices

  1. Email notice from you or us is effective notice under the Terms.

12. General

  1. You acknowledge that you have not relied on any representation, warranty or statement made by any other party, other than as set out in the Terms.
  2. The relationship between you and us under any agreement arising from the Terms does not form a joint venture, partnership, agency, or any form of employment relationship.
  3. No clause of the Terms will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
  4. You cannot assign, novate or otherwise transfer any of your rights or obligations under any contract arising from the Terms without our prior written consent.
  5. We may assign, novate or otherwise transfer any of our rights or obligations under the agreement arising pursuant to the Terms to a third party without notice to you, or your prior consent. If we require it, you will sign any documents to give effect
    to an assignment, novation or transfer by us under this clause.
  6. The agreement arising under the Terms will be governed by the laws of the state of Queensland, Australia. You agree to submit to the non-exclusive jurisdiction of courts with jurisdiction in Queensland, and it shall be the sole forum for any proceedings.
  7. Any clause of the Terms, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of the Terms.
  8. The termination of any agreement arising from the Terms does not affect the parties’ rights in respect of periods before the termination of the agreement. 

Disclaimer

Our website does not give legal advice

The material on www.anumis.com.au is produced by Anumis Legal. It is intended to provide general information in summary form on legal topics, current at the time of first publication. The contents do not constitute legal advice and should not be relied upon as such. Formal legal advice should be sought in particular matters.

Contact Info

NOOSA MARINA OFFICE

+61 7 54556347

U20, NOOSA MARINA, 2 Parkyn Court, Tewantin, 4565