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Privacy Policy

YOUR PRIVACY IS IMPORTANT TO US
Formaliti Limited (Company Number 2133260) (“Formaliti”) cares about your privacy and is committed to handling, processing, storing and treating your personal information with the highest standard of care.(note: “we”, “our”, and “us” mean Formaliti. When we use the words “you” and “your”, we mean: all of our customers who have a continuing relationship with us and our customer’s end-users (as applicable).)In the course of our business in Australia, there may be circumstances where we collect personal information.Despite being exempt from compliance with the Privacy Act 1988 (Cth) (“the Act”) under the small business exemptions (upon which we may rely), Formaliti has developed the following policies to ensure that your personal information collected by us is handled appropriately in compliance with the Australian Privacy Principles (“the APPs”). The APPs set out the way in which personal information must be treated.The purpose of this Privacy Policy is to advise you of the type of personal information that we will collect for you, how this personal information is collected and the purposes for which we will collect, hold, use and/or disclose your personal information, which you provide to us in obtaining our services available under the domain and sub domains of formaliti.com (“the Site”) and the Formaliti System available on the Site.WHO DOES THIS PRIVACY POLICY APPLY TO?This Privacy Policy applies to any person for whom we currently hold, or may in the future collect, hold, use and/or disclose personal information, including our customers who have a continuing relationship with us and our customer’s end-users (as applicable).WHAT YOUR PERSONAL INFORMATION IS“Personal information” is information about you or an opinion about you that identifies you or allows you to be readily identified from the information. It includes information such as your name, address, telephone, email, date of birth, financial or credit card information, account / bank details, marital status, health and medical information, job description, business description, expertise, interests, photos and photographic information, videos, opinions about you, your opinions and any other information which may assist us in conducting our business.Information or opinions are not personal information where they cannot be linked to a particular individual.Where possible, we will only collect the personal information required to provide the Formaliti System and services to you.WHO WILL COLLECT YOUR PERSONAL INFORMATION? Your personal information will be collected by us via the Site (including within the Formaliti System), telephone contact, by Formaliti staff personally, and via input and management within our Site. In certain circumstances we may be provided with personal information from third parties. COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION We collect, hold, use and disclose personal information from you in order to: provide you with a safe and personalised online service which will assist you in creating, sending and signing forms; provide you with better customer service that is tailored to your current situation and needs; complete transactions more effectively and conveniently; minimise time wastage and costs of ongoing administration; meet legal and regulatory requirements; troubleshoot problems; keep and maintain complete and accurate records whether or not via the Site or the Formaliti System handled and managed by you; collect fees owed; communicate with you about products, services, offers and updates; update our records, including financial and payment records; authenticate users; improve the Site and the Formaliti System; resolve disputes; prevent or detect fraud or abuses of the Site and the Formaliti System; enable third parties to carry out technical, logistical or other functions on our behalf; enforce our Terms and Conditions; identify you and allow our customers and our customer’s end users to identify one another. If you become a Formaliti customer and you establish a credit account with us to pay the fees we charge, we collect some additional personal information, such as a billing address, a credit card number and a credit card expiration date. In order to complete these functions, Formaliti must collect, hold, use and disclose personal information. We collect information about you that we consider necessary for achieving these purposes. In general, you can browse the Site without telling us who you are or revealing any personal information about yourself. If you use our Site, the Formaliti System, services or products, we collect your personal information that you submit, which you volunteer by providing your details, for example contact and identity information, billing information, shipping information and other personal information. The personal information is stored in our database.  By submitting your personal information via the Formaliti Site and Formaliti System you acknowledge and accept this Privacy Policy. We may collect personal information, such as your name, email address, phone number and other personal information:

  •       when you make an enquiry via the Site;
  •       when you send correspondence to us, for example emails, letters, or requests for demonstrations;
  •       in order to validate your identity;
  •       when you provide personal information to us.

We may use financial information (including credit card information) that you provide to us:

  •       to determine the accuracy of your details, for example your name, address, and other personal information;
  •       to bill you for fees that are due to us.

We also collect information about you that is not personal information. For example, we may collect information from you in response to a survey, promotion or competition. We generally use this information to analyse trends, administer our services, and target and improve the quality of our services. To the extent this information does not constitute personal information, the APPs are not applicable and we may use this information for any purpose. It is important to us to provide certain security features through the sending and signing of forms in the Formaliti System.  Therefore we may use third party tracking-utility partners to track certain information through log files, for example IP addresses, email addresses, and other personal information. We take reasonable steps to use and disclose personal information for the primary purpose for which it is collected. The primary purpose for which the information is collected varies, depending on the particular product or service being provided. Personal information may also be used or disclosure by us for secondary purposes which are within your reasonable expectations and related to the primary purpose of collection. Otherwise, we will only disclosure personal information to third parties with your consent or if the disclosure is permitted by the Act. In addition we are permitted by law to pass on certain information including your name and address (without prior permission) to third parties that provide services or functions on our behalf, and without limiting the foregoing you consent to us disclosing your personal information, to the following third parties:

  •       those engaged by us to perform functions or provide products and services on our behalf, such as insurance agents and brokers, processing credit card information, mailouts, debt collection, marketing, research and advertising;
  •       that are our agents, business partners or joint venture entities or partners;
  •       that sponsor or promote any competition that we conduct or promote via our services;
  •       authorised by you to receive information held by us;
  •       as part of any investigation into you or your activity, for example, if we have reason to suspect that you have committed a breach of any of our terms and conditions, or have otherwise been engaged in any unlawful activity, and we reasonably believe that disclosure is necessary to the police, any relevant authority or enforcement body;
  •       as part of a sale (or proposed sale) of all or part of our business; and/or
  •       as required or permitted by any law (including the Act).

OPTION NOT TO PROVIDE PERSONALLY IDENTIFIABLE INFORMATION We will only collect personally identifiable information that you choose to provide. You can choose not to provide certain information. However, if you do not provide your personal information to us, we may not be able to provide you with the full Formaliti services, products and experience that you request or require, or those products, services and experiences may be less efficient, incomplete, and / or less satisfying as compared to persons that do provide personal information. By providing any personally identifiable information to us, you fully understand and clearly consent to the transfer of such personally identifiable information to, and the collection and processing of such information in accordance with this Privacy Policy, including retention and use for the disclosed purposes and/or providing it third parties as applicable. OFFERS & MARKETING We may use personal information for marketing reasons including to communicate with you about our seminars, events, products and services and those of our related businesses. You will be able to choose whether or not to receive such communications when you first provide personally identifiable information to us. We may also share non-personally identifiable information with others, such as advertisers, in aggregate anonymous form, which means that the information will not contain any personally identifiable information about you. COOKIES Formaliti uses cookies or tracers for tracking purposes. Cookies are small data files placed on your hard drive by a website server when you visit.  Cookies are currently the only way to effectively identify a unique anonymous visitor and understand how they navigate a web site. With most internet browsers, you can erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored. Cookies offer enhanced functionality to the user, but whether you allow a cookie to be placed on your computer is up to you. WEBSITE LINKS Through the Site you may link to many networked web pages and websites operated by any of the network of our interconnected businesses or affiliates as the case may be. Not all of them have, or may have, adopted this Privacy Policy. Individual sites linked to our website may adopt different privacy policies. Also, some sites are intended to facilitate interaction with other businesses and may not adopt a privacy policy for individuals. LEGAL We may be required by law to disclose personal information you have provided in the belief or understanding that such disclosure is required by law or to comply with legal process served on us or to protect and defend our rights or interests or the interests of others. THE SECURITY AND CONFIDENTIALITY OF YOUR PERSONAL INFORMATION We understand the importance of protecting your personal information. We will take all reasonable steps to protect the personal information we hold, and all personal information is stored in a manner that reasonably protects it from loss and/or misuse, unauthorised access, modification or disclosure.  We keep your hard-copy or electronic records on our premises and systems. However, you acknowledge that the security of online transactions and the security of communications sent by electronic means (including via the Formaliti System) or by post cannot be guaranteed, although we have processes in-place to secure your personal information including encryption of data when it is transferred and limitations on access to personal information within our organisation. You provide information to us via the internet or by post at your own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, your personal information where the security of information is not within our control. You 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 your personal information to in accordance with this Privacy Policy or any applicable laws). The collection and use of your information by such third parties may be subject to separate privacy and security policies. DO WE DISCLOSE INFORMATION OVERSEAS? We do disclose personal information to overseas agents, business partners or joint venture entities. UP-TO-DATE INFORMATION It is important to advise us of any changes to your personal information so that our records can be updated. We endeavour to ensure that your personal information is accurate, up-to-date and complete. APP 12 of the Act allows you to get access to, the personal information we hold about you in certain circumstances. If you would like to obtain such access, please contact us on the details set out below. APP 13 of the Act allows you to correct the personal information we hold about you in certain circumstances. If you are able to establish that personal information that we hold about you is not accurate, complete or up to date, we will take reasonable steps to correct it so that it is accurate, complete and up to date. We will grant you access to your information as soon as possible, subject to the request circumstances. In keeping with our commitment to protect the privacy of personal information, we will not disclose personal information to you without proof of identity. We may deny access to personal information if:

  •       the request is impractical or unreasonable;
  •       providing access would have an unreasonable impact on the privacy of another person;
  •       providing access would pose a serious and imminent threat to the life or health of any person;
  •       providing access would compromise our professional obligations; or
  •       there are other legal grounds to deny the request.

We may charge a fee for reasonable costs incurred in responding to an access request. The fee (if any) will be disclosed prior to it being levied. You are able to get access to and correct the information that you have submitted via the Formaliti System through your Formaliti login which is handled and managed by you. If you wish to exercise your right of access and correction, please contact our office using the details provided below. POLICY CHANGES AND UPDATES This Privacy Policy may change from time to time without prior notice. Any changes will be published on our website by updating this document. This Privacy Policy was last updated in September 2014. If you have any comments on our Privacy Policy, please contact our privacy officer on the contact details mentioned above. COMPLAINTS You can lodge a complaint with us about any breach of our Privacy Policy and our privacy obligations to you by contacting our offices on the details below. We aim to resolve any complaints by discussing them with you. It usually takes a few days for us to respond to your complaint so we will endeavour provide you with that response as soon as reasonably possible after you contact us with your complaint. In the unlikely event the privacy issue cannot be resolved between us and you, you may take your complaint to the Office of the Australian Information Commissioner. CONSENT In providing personal information to us and or in visiting the Site and or in using the Formaliti System, you:

  •       expressly consent to the collection, use, disclosure and storage of your personal information by us in the manner set out in this Privacy Policy; and
  •       agree to be bound by the terms and conditions of this Privacy Policy.

If you do not agree, please do not use or access our Site, the Formaliti System, services or products. CONTACT Should you wish to contact us about your personal information, make changes or lodge a complaint, you should contact the Privacy Officer on: Email: info@formaliti.com