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Denotare Australia Privacy Policy and Terms of Use Statement
Privacy Policy Denotare in Australia is committed to treating the personal information we collect in accordance with the Australian Privacy Principles in the Privacy Act 1988 (Cth) (Privacy Act). This Privacy Policy sets out how Denotare handles personal information. This Privacy Policy does not apply to personal information collected by Denotare that is exempted under the Privacy Act, for example employee records. Denotare may modify this Privacy Policy from time to time to reflect its current privacy practices. In this Privacy Policy, ‘Denotare’, ‘we’, ‘us’ and ‘our’ is a reference to the Denotare partnership. Personal information we collect The types of personal information we may collect includes:
1. names, job titles, contact and address details 2. information in identification documents (for example, passport, driver’s licence) 3. tax file numbers and other government-‐issued identification numbers 4. date of birth and gender 5. bank account details, shareholdings and details of investments 6. details of superannuation and insurance arrangements 7. educational qualifications, employment history and salary 8. visa or work permit status 9. personal information about your spouse and dependants.
It may be necessary in some circumstances for Denotare to collect sensitive information about you in order to provide specific services or for contracting or recruiting purposes. Examples of the types of sensitive information that may be collected in such circumstances include professional memberships, ethnic origin, criminal record and health information. It is generally not practical to remain anonymous or to use a pseudonym when dealing with Denotare as usually we need to use your personal information to provide specific services to you, or which relate to or involve you. How we collect and manage personal information Generally we collect your personal information from you directly (for example, when we deal with you in person or over the phone, when you send us correspondence (including via email), when you complete a questionnaire, form or survey, or when you subscribe to our publications). Sometimes it may be necessary for us to collect your personal information from a third party. For example, we may collect your personal information from your employer where they are our client, from your personal representative, another Denotare member firm or a publicly available record. We may also collect personal information about you from your use of our websites and information you provide to us through contact mailboxes or through the registration process on our websites. Where you provide us with personal information about someone else If you provide us with someone else’s personal information, you should only do so if you have their authority or consent to provide us with their personal information. You should also take reasonable steps to inform them of the matters set out in this Privacy Policy or any Privacy Collection Statement we give you. Holding personal information Denotare holds personal information in hard copy and electronic formats. We take security measures to protect the personal information we hold including physical (for example, restricting access to our work places and storage of files in secure rooms) and technology (for example, restriction of access, firewalls, the use of encryption, passwords and digital certificates) security measures.
Purpose for collecting, holding, using and disclosing personal information Denotare collects, holds and uses personal information for a number of purposes including:
1. to provide professional services 2. to provide technology services and solutions 3. to respond to requests or queries 4. to maintain contact with our clients and other contacts 5. to keep our clients and other contacts informed of our services and industry developments 6. to notify of seminars and other events 7. for administrative purposes 8. for recruitment purposes 9. for purposes relating to the employment of our personnel, providing internal services or benefits to
our partners and staff and for matters relating to the partnership 10. when engaging service providers, contractors or suppliers relating to the operation of our business 11. to manage any conflict of interest or independence (including auditor independence) obligations or
situations 12. to conduct surveys 13. for seeking your feedback 14. to meet any regulatory obligations 15. as part of entering into an alliance, joint venture or referral arrangement, or 16. for any other business related purposes.
If you do not provide us with the personal information we have requested, we may not be able to complete or fulfil the purpose for which such information was collected, including providing you or our clients with the services we were engaged to perform. The types of third parties to whom we may disclose your personal information include:
1. experts or other third parties contracted as part of an engagement, 2. our service providers, 3. our professional advisers:
a. as part of an engagement, if you are a customer, an employee, a contractor or supplier of services to one of our clients, then we may disclose your personal information as part of providing services to that client
b. as part of entering into an alliance, joint venture or referral arrangement, or 4. government or regulatory bodies or agencies, as part of an engagement or otherwise, (for example,
the Australian Taxation Office). We do not disclose personal information to third parties for the purpose of allowing them to send marketing material to you. However, we may share non-‐personal, de-‐identified or aggregated information to them for research or promotional purposes. Disclosure of personal information overseas We may store, process or back-‐up your personal information on servers that are located overseas (including through third party service providers). These servers are commonly located in the United States of America. In some circumstances, Denotare also uses third party service providers to carry out its functions and provide services. These service providers are typically located in Russia, India and Sri Lanka. Direct marketing Denotare may also use your personal information for the purpose of marketing its services. If you do not want to receive marketing material from us, you can contact us as detailed below:
1. For electronic communications, you can click on the unsubscribe function in the communication. 2. For hard copy communications, you can email [email protected]. 3. Through our contact details set out in the 'How to contact us' section.
Privacy on our website Cookies 'Cookies' (i.e. small text files placed on your computer when you first visit the site) are used on some Denotare websites. Most browsers now recognise when a cookie is offered and permit you to refuse or accept it. If you are not sure whether your browser has this capability, you should check with the software manufacturer, your company's technology help desk or your internet service provider.
Cookies are primarily used to enhance your online experience. If you visit our websites to read or download information, such as news stories or articles, much of the information we collect is statistical only (e.g., the domain from which you accessed the internet, the date and time you accessed our site, and the internet address of the website from which you linked directly to our site) and not personally identifiable. We use such information to make our sites more useful and attractive to you. Your choices You have several choices regarding your use of Denotare’s websites. In general, you are not required to provide personal information when you visit our websites. However, if you apply to receive information about our services, events and industry updates or wish to apply for a job, provision of certain personal information will generally be required. Links to third party websites Denotare’s websites may contain links to third parties’ websites. Those other websites are not subject to our privacy policy and procedures. You will need to review those websites to view a copy of their privacy policy. Denotare also does not endorse, approve or recommend the services or products provided on third party websites. Children We understand the importance of protecting children’s privacy, especially in an online environment. In particular, our websites are not intentionally designed for or directed at children under the age of nine (9). It is our policy to never knowingly collect or maintain information about anyone under the age of nine (9), except as part of a specific engagement to provide professional services which necessitates such personal information be collected. Gaining access to personal information we hold You can request access to your personal information, subject to some limited exceptions permitted or required by law. Such request must be made in writing to the Denotare leadership team. Please see 'How to contact us' for details. Denotare may charge reasonable costs for providing you access to your personal information. Keeping personal information current If you believe that any personal information Denotare has collected about you is inaccurate, not up-‐to-‐date, incomplete, irrelevant or misleading, you may request correction. To do so, please contact the Denotare leadership team and we will take reasonable steps to correct it in accordance with the requirements of the Privacy Act. Please see 'How to contact us' for details as to how to contact the Denotare leadership team. Complaints If you wish to make a complaint to Denotare about our handling of your personal information, you can contact the Denotare leadership team as set out in 'How to contact us'. Denotare will endeavour to reply to you within 30 days of receipt of the completed complaint form and, where appropriate, will advise you of the general reasons for the outcome of the complaint. In some circumstances, the Denotare leadership team may decline to investigate the complaint, for example if the complaint relates to an act or practice that is not an interference of the privacy of the person making the complaint. If you are not satisfied with the outcome of your complaint, you can refer your complaint to the Office of the Australian Information Commissioner. How to contact us Denotare is a partnership between David Williams, John Van Hattem and Stuart Holywell. Emailing any one of these three people constitutes contacting the Denotare leadership team. They may be contacted via the following email addresses:
David Williams -‐ [email protected] John Van Hattem -‐ [email protected] Stuart Holywell -‐ [email protected]
Alternatively, you may contact us at [email protected]
Website Terms of Use Statement These Terms of Use (these “Terms”) govern the web pages of the denotare.com.au / denotare.com website herein as “this Website”. By using this Website, you are agreeing to these Terms. If you do not agree to these Terms, then you are not allowed to use this Website and should immediately terminate such usage. This Website is provided by the Partnership of Denotare hereinafter referred to as “we”, “us” or “our”. Unless otherwise indicated, the content on this Website is provided by us. Unless otherwise indicated on the content, you are authorized to view, copy, print, and distribute (but not modify) the content on this Website; provided that:
(i) such use is for informational, non-‐commercial purposes only, and
(ii) any copy of the content that you make must include the copyright notice or other attribution, if any, associated with the content.
You are not authorised to copy or use any software, proprietary processes, or technology embodied in this Website. Except as expressly provided herein, you shall not use the name “Denotare”, the Denotare logo or other registered or unregistered trademarks of Denotare that appear on this Website. References to other parties’ trademarks on this Website are for identification purposes only and do not indicate that such parties have approved this Website or any of its contents. These Terms of Use do not grant you any right to use the trademarks of other parties.
Website disclaimer and limitation of liability THIS WEBSITE CONTAINS GENERAL INFORMATION ONLY, AND WE ARE NOT, BY MEANS OF THIS WEBSITE OR ANY PART THEREOF, RENDERING PROFESSIONAL ADVICE OR SERVICES. BEFORE MAKING ANY DECISION OR TAKING ANY ACTION THAT MIGHT AFFECT YOUR FINANCES OR BUSINESS, YOU SHOULD CONSULT A QUALIFIED PROFESSIONAL ADVISOR UNDER A FORMAL CONTRACT ARANGEMENT. THIS WEBSITE IS PROVIDED AS IS, AND WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING IT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THIS WEBSITE WILL BE ERROR-‐FREE OR WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-‐INFRINGEMENT, COMPATIBILITY, SECURITY, AND ACCURACY. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USAGE. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, RELATING TO THE USE OF THIS WEBSITE. CERTAIN LINKS ON THIS WEBSITE LEAD TO RESOURCES MAINTAINED BY THIRD PARTIES OVER WHOM WE HAVE NO CONTROL. WITHOUT LIMITING ANY OF THE FOREGOING, WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING SUCH RESOURCES AND WEBSITES. IF ANY OF THESE TERMS OF USE IS INVALID OR UNENFORCEABLE IN ANY JURISDICTION, THEN:
(I) IN THAT JURISDICTION THEY SHALL BE RE-‐CONSTRUED TO EFFECT THEIR INTENT AS NEARLY AS POSSIBLE AND THE REMAINING TERMS SHALL REMAIN IN FULL FORCE AND EFFECT, AND
(II) IN EVERY OTHER JURISDICTION, ALL OF THESE TERMS OF USE SHALL REMAIN IN FULL FORCE AND EFFECT.