Privacy & Cookies Policy
PART 1 - POLICY STATEMENT
We have adopted this Privacy Policy to collect, hold, store, use and disclose personal information, credit information, credit eligibility information, credit reporting information and CRB Derived Information in accordance with the APP and Privacy Act.
We will maintain and regularly review, in our discretion and without notice to you, this Privacy Policy to ensure it complies with the APP and the Act.
PART 2 - POLICY OBJECTIVES
This Privacy Policy details how we will deal with your information under the Privacy Act.
PART 3 - DEFINITIONS FOR THIS PRIVACY POLICY
The following definitions apply to words used in this Privacy Policy:
Access Seeker has the same meaning as in the Privacy Act;
APP means Australian Privacy Principles set out in Schedule 1 of the Privacy Act;
CRB Derived Information has the same meaning as set out in the Privacy Act;
Credit has the same meaning as set out in the Privacy Act;
Credit Eligibility Information has the same meaning as set out in the Privacy Act;
Credit Information has the same meaning as set out in the Privacy Act;
Credit Reporting Information has the same meaning as set out in the Privacy Act;
Privacy Act means the Privacy Act 1988 (Cth);
We or Our or Us means RHC Holdings Pty Ltd ABN 49 632 486 509 T/As RHC Solicitors and its related bodies corporate as defined by the Corporations Act 2001 (Cth) unless those bodies corporate have their own privacy policy, in which case their own privacy policy will apply to them instead;
Government Related Identifiers has the same meaning as set out in the Privacy Act;
Service Partners means any entity to which we may receive or provide products or services from time to time;
Permitted General Situation has the same meaning as set out in the Privacy Act;
Personal Information has the same meaning as set out in the Privacy Act;
Sensitive Information has the same meaning as set out in the Privacy Act;
Service Provider means any third party that we may engage.
Undefined? in the event a word in this Privacy Policy is undefined, it is to be given its broadest possible meaning by using its ordinary definition. It is to be interpreted in a way to provide us the maximum possible protection or rights under the APP and Privacy Act.
PART 4 - PRIVACY POLICY
Transparent Management of Personal Information or Sensitive Information
We may, in our discretion, collect Personal Information or Sensitive Information which is reasonably necessary for us to:
(a) consider applications for credit, accounts, employment, deferred payment arrangements, accommodation;
(b) provide a product or service to you;
(c) maintain your contact details or any account that you may hold with us;
(d) process a transaction to which you may be involved in, or a party to;
(e) advertise, promote and provide you with products, services or information distributed by us;
(f) improve the services that we provide or give you access to;
(g) communicate with you and anyone related to you or your matter.
Some of the information we may collect may include, but is not limited to:
(a) your internet protocol (IP) address, including the date, time during your visit to any of our websites, the number of pages you may access or download, the type of browser you may use, and demographic information including, but not limited to, age, sex, and so on;
(b) your name or other Personal Information such as your date of birth, sex, marital status, email, address (residential and/or postal) or telephone number/s;
(c) the name/s or Other Personal Information for your family members, such as their date of birth, sex, marital status, email, address (residential and/or postal) or telephone number/s;
(d) your banking information including the name of your financial institution, the name of any account/s, your BSB or account number;
(e) your Sensitive Information such as your Tax File Number, licence number, Medicare number, passport number and associated details;
(f) account transactional information such as a bank statement or proof of payment like a receipt or credit report;
(g) commercial activities, credit activities, credit worthiness, credit eligibility information or CRB Derived Information (which may also contain repayment history, application history, default or payment information, and whether you have been the subject of legal proceedings or bankruptcy or insolvency);
(h) details of assets and liabilities;
(i) your criminal history;
(j) registration details for any vehicle, craft or pet that you may have;
(k) other information not now canvassed, which you consent to in our absolute discretion.
You irrevocably agree and consent:
(a) to us using the information provided to us from time to time and for any of the reasons set out in this Privacy Policy; and/or
(b) to us physically or digitally holding such Personal Information or Sensitive Information under an irrevocable authority granted to us by you;
(c) that the Personal Information or Sensitive Information we have collected, or may collect, is by fair means under an irrevocable authority granted by you;
(d) that you have the necessary approvals and/or consents from any third party to provide their Personal Information or Sensitive Information to us;
(e) that we may use and disclose any Personal Information or Sensitive Information you have departed to us to Service Partners, including any credit reporting agency, debt collection agency, a prospective or current landlord, a Court or Tribunal, a search provider or a database of some kind including tenancy databases;
(f) to us collecting any Personal Information or Sensitive Information about you by any means we determine reasonable in our discretion, and for any reason that me be set out under APP 3;
(g) communicating with you and anyone related to you or your matter, and forwarding documents on your behalf to their intended recipient;
(h) making corrections to documents on your behalf where there are errors or omissions;
(i) sharing your Personal Information and Sensitive Information and any document or thing you have shared with us with any third parties you have authorised us to communicate with, share information with, or otherwise directly in accordance with this privacy policy;
(j) us communicating with you electronically, or execution of documents electronically, in accordance with the Electronic Transaction (Queensland) Act 2001 and for such purpose you agree that the requirements in that Act have been met in all respects.
Anonymity and Pseudonymity
Where practicable and permissible at law, and in our absolute discretion, we may enable you to engage or transact with us anonymously or by the use of a pseudonym.
You understand and agree that this is not always possible, practicable or lawful, and that we may require you to provide your Personal Information or Sensitive Information to engage or transact with us. For example, some circumstances we will require your true and correct name or other details may include, but is not limited to:
(a) when you engage us for legal work of any nature or kind;
(b) when we require your Personal Information or Sensitive Information to assess any application or intention to defer a payment, or for us to provide a ‘no win, no fee’ service;
(c) when we process a transaction on your behalf;
(d) when you require us to perform searches on your behalf in relation to property.
PART 5 - USE OF PERSONAL INFORMATION OR SENSITIVE INFORMATION
We will only use your Personal Information or Sensitive Information if it is reasonable, necessary and in accordance with this Privacy Policy.
Unsolicited Personal Information
In some cases, we may come into contact with your Personal Information from a third party, or through unsolicited or solicited means (such as you including us in your marketing or promotion contact list or by soliciting it directly from another entity you have given consent to release or share your Person Information). In such circumstances, we may reasonably decide that such Personal Information may be used by us under APP 3.
If your Personal Information cannot be used under APP 3, we will do everything reasonably necessary and reasonable to permanently delete it.
Notification of Collecting Personal Information or Sensitive Information
We will generally notify you if we intend to collect Personal Information or Sensitive Information from you. Such notification may be in the form of a warning, or a reference on a website to this Privacy Policy, or on a form or document that refers to this Privacy Policy.
Using and Disclosing Personal Information
The Primary Purpose for the collection and disclosure of your Personal Information is generally for a specific reason as described in APP 3, including, but not limited to, where it is reasonably necessary for one or more of our functions or activities. In some cases, there may be a need to use and disclose such Personal Information for an ancillary purpose which relates to, or arises out of, or is incidental to the primary purpose.
Some of the reasons that your Personal Information will be released by us may include for internal auditing purposes, insurance purposes, societal membership purposes, administrative purposes, adding your name to a contact list (including guest lists, invitations lists or advertising lists) or helping us to identify market trends, production and business activities or investments opportunities, or as otherwise set out in this Privacy Policy and of which may be of benefit or interest to you.
We will do everything we reasonably can to ensure that we do not use or disclose your Personal Information for any other purpose other than listed in this Privacy Policy.
From time to time, we will rely on third party organisations to provide us with business services, security services or any other services. In this Privacy Policy, we are able to disclose your Personal Information to such entities, however, we will abide by the APP, the Act and the rules surrounding confidentiality and pursuant to the consents granted by this Privacy Policy by you. Where we decide to disclose Personal Information, we will ask third parties to provide us with an undertaking/confidentiality agreement, the terms of which will generally include not using your Personal Information other than as we may direct or pursuant to this Privacy Policy.
You hereby grant any such third party all the same consents, agreements, rights and obligations in respect of, or to, you under this Privacy Policy as if your agreement were with them at the time you entered into it with us.
Permitted General Situation
In some situations, we may be required to disclose your Personal Information for a Permitted General Situation without obtaining your express or implied consent. Your consent is not required if it is:
(a) Required or authorised by the law;
(b) Required by investigative bodies or enforcement agencies;
(c) Required for us to comply with an Order of a Court or Tribunal;
(d) Necessary for us to prevent or reduce the risk of a serious or imminent threat to the health or safety of a person, individual, the public or otherwise.
Overseas Sharing, Use and Disclosure of Personal Information
We will generally retain Personal Information within Australia only. On some occasions, we may be required to transmit your Personal Information overseas to perform our functions or activities, which may include any number of reasons disclosed in this Privacy Policy. In such circumstances, we will do everything that we reasonably can to ensure that we protect your Personal Information in a way that it is protected as if it were within Australia.
Some reasons your Personal Information may be transmitted to an international jurisdiction, or third party, with your consent hereby irrevocably granted, is because of website integrations with third parties that provide us a service or goods including, but not limited to, analytical or data tracking services, digital signature services, webhooks, plugins for reviews, website hosting, contact forms, downloadable material, maps, marketing automation platforms such as email marketing services (where your Personal Information and Sensitive Information may entered on our site and then transmitted to such third party), obtaining sufficient information from you to undertake one of our functions or services (where your Personal Information and Sensitive Information may be entered into a CRM or questionnaire and then later transmitted to us).
Marketing and Promotions
From time to time, we will use your Personal Information to identify business activities or investment or other opportunities which may be of benefit or interest to you or us.
If you do not want to receive marketing information or products, you should let us know and we will take the appropriate measures to ensure you do not receive such information or products.
Under this Privacy Policy, although you give us consent to directly market to you and use your Personal Information in databases to do so, you will generally always be given a method to stop the marketing, such as by contacting us, emailing us or using an unsubscribe function.
You agree not to bring any action, claim, proceeding, application or otherwise against us for marketing or promotions to you until you have first exhausted all of your options to stop same, including taking positive steps as detailed; first attempting to unsubscribe then attempting to contact us in writing.
Government Related Identifiers
Government Related Identifiers refers to an identifier that has been assigned by either an agency, a State or Territory, an agent of an agency of a State or Territory authority or a contracted service provider on behalf of the Commonwealth. Some examples of Government Related Identifiers may include:
(a) Medicare Numbers;
(b) Centrelink Reference Numbers (CRN);
(c) Driver’s Licence Numbers;
(d) Australian Passport Numbers;
(e) a Tax File Number; and
(f) other State or Territory issues identification numbers, codes, passwords or phrases.
We use Government Related Identifiers for many reasons, including to undertake credit assessments or perform other searches on you, including but not limited to a criminal history check, properly identify you, or as otherwise permitted under the Privacy Act or any regulation.
We do not, however, use Government Related Identifiers for any other purpose, including as our own reference for you. We use internal referencing systems unrelated to Government Related Identifiers.
However, we do store Government Related Identifiers through third party software such as, but not limited to, Leap and ActionStep. Further, we may use and share your Government Related Identifiers in circumstances we are required to provide legal advice certificates, or we are being asked to certify Government identification or prove your identity related to a service or goods we have provided. You consent to us doing so where it is reasonably required and arises out of, or incidental to, the services or goods you have sought, or are seeking.
We will comply with APP 9 and the Privacy Act in relation to your Government Related Identifier. However, we can use such Government Related Identifier without your express consent or agreement for a Permitted General Situation.
Cookies
Our website uses cookies to analyse website traffic and help provide a positive visitor experience.
A cookie is a text file which contains small amounts of information which is downloaded to your device when you access our website. This information may include your internet IP, information or actions that you take on our website and demographic information.
Cookie generated information obtained about you may be used by our website host or its affiliates, and they may be overseas. Further, under this Privacy Policy, we may transmit that data overseas ourselves or have been deemed to do so without actually actively participating in that process.
You may configure your browser or security technology to reject cookies, however, this could result in a reduced functionality or experience when using our website.
Storage
We may store your Personal Information or Sensitive Information in hard drives, electronically, in a third party email programmes or on a server or within our files or on paper.
PART 6 – SECURITY AND ACCURACY OF PERSONAL INFORMATION OR SENSITIVE INFORMATION
Accuracy
Our aim is to ensure that your Personal Information and Sensitive Information is accurate, up to date and complete.
As we collect Personal Information and Sensitive Information, we rely on you to supply accurate information.
From time to time, you may need to contact us to change any incorrect information. Where you do not do this, you hereby indemnify us from any loss, damage, claim, expense, application, proceeding, threat, demand or otherwise. For such purpose, you agree that you will be barred from any action as a result of your failure.
Security
We are committed to ensuring that your Personal Information or Sensitive Information is secure and will take all necessary and reasonable measures to protect it from unauthorised dealings, loss, misuse, variation or otherwise as is required by us under the APP or Privacy Act.
Our security measures include physical security over paper or electronic data. This includes locks and may include computer security software and/or 2FAs.
PART 7 - ACCESS
From time to time, you may request access to your Personal Information or Sensitive Information that we hold.
To obtain or gain access to this, you will be required to:
(a) Submit your request in writing;
(b) Post your request to our postal address;
(c) Provide three (3) forms of identity making up 100 points as determined in our discretion (such as a Driver’s Licence, Passport and Medicare Card) that is certified by an authorised person such as a lawyer or justice of the peace.
Once we receive your access request, we will respond within a reasonable timeframe. There may also be a fee, which we will disclose when the request is made.
In some situations, we may not provide you with access to your Personal Information or Sensitive Information. Some of the reasons may include, but are not limited to:
(a) access impacting the privacy of third parties;
(b) legal reasons such as proceedings or Orders by a Court or Tribunal;
(c) sccess potentially creating a threat to the public or an individual;
(d) prejudicing the rights of someone who is already a client of ours;
(e) your failure to provide sufficient identification in our discretion, including where any photo identification does not match your appearance;
(f) Sensitive Information that may not be releasable under the APP or Privacy Act.
In the event that we do not provide you with access to your Personal Information that you have requested, we will outline the reasons why, including your appeal rights.
PART 8 - AMENDING, ALTERING OR CHANGING THIS PRIVACY POLICY
We may change this Privacy Policy from time to time in our absolute discretion and for any reason.
We are not required to notify you of such a change.
PART 9 – YOUR SECURITY AND INDEMNITY
You hereby agree to hold and maintain security systems, procedures and controls to prevent and detect:
(a) viruses;
(b) malware or malware injection devices or software;
(c) phishing;
(d) SGL injection attacks;
(e) cross-site scripting (XSS);
(f) denial of service (DoS);
(g) sessions hijacking and man-in-the-middle attacks;
(h) credential reuse;
(i) cookie theft;
(j) distributed denial of service (DDoS);
(k) DNS spoofing;
(l) social engineering;
(m) missing security patches;
(n) password cracking software or tactics;
(o) keygens or key-logging;
(p) other exploitative, damaging, destructive or intrusive software or downloadable material or scripts;
on your own devices (including but not limited to computers or laptops, telephones or electronic device) when accessing, using, downloading or agreeing to anything on our website, by email or throughout any third party we may integrate with or seek our own service through or otherwise following any hyperlink given to you or entering Personal Information, Sensitive Information or Government Related Identifiers through any questionnaire or through the use of any third party software, program or device.
You also agree to keep all keys, access codes, security devices and verification procedures safe and confidential, and change them at least as often as the service provider may recommend. We may also establish a routine to verify the source and authenticity of instructions you give us and may verify any instruction before acting on it. We may also act on instructions that contain the verification routine without first checking the authority.
In the event you do hold and maintain the necessary security systems, procedures, and controls as required by this Privacy Policy, you agree to hold us harmless and indemnify us against any loss, damage, compensation, claim, expense, application, proceeding, demand, threat, costs (including on a solicitor and own client basis) or otherwise.
PART 10 – SEVERABILITY
In the event that any clause, subclause, part, provision, paragraph or sentence contained in this Privacy Policy is unlawful, inoperable or unenforceable for any reason, then it may be severed without affecting the enforceability of any other clause, subclause, part, provision, paragraph or sentence. For such purpose, any severance must only be insofar as necessary to give the widest possible protection to us, and without affecting anything else that may have validity.
PART 11 - COMPLAINTS OR ENQUIRIES
In the event you feel your right to privacy is, or may, be at risk of infringement under the APP, the Privacy Act or this Privacy Policy, you are entitled to raise your concerns.
Where you have a complaint, please address your concerns to us in writing at PO Box 3196, Loganholme QLD 4129 and we will respond within a reasonable timeframe.