Privacy Policy
Lenders Lawyers Pty Ltd (ACN 680 402 591), ("Lenders Lawyers", "we", "us" or "our") value the security and privacy of your personal information. This privacy policy ("Policy") sets out the way we collect, hold, use and disclose your personal information.
If you are located in the European Union or the United Kingdom, you may have additional rights. See Specific Rights for European Union (EU) and UK residents only.
Your Privacy
Lenders Lawyers acknowledges that data privacy is a universal human right. Your privacy is important to us, and we are committed to managing your personal information responsibly and in accordance with the legal obligations applicable to us. These laws and principles regulate, among other things, the way we collect, use, disclose, keep secure, and give you access to your personal information.
These laws include the Australian Privacy Principles contained in the Privacy Act 1988, the Privacy Amendment (Notifiable Data Breaches) Act 2017, the Singapore Personal Data Protection Act (PDPA) and the European Union General Data Protection Regulation (the GDPR) and the United Kingdom General Data Protection Regulation (UK GDPR).
In order to provide our services to you we need to collect and retain some personal information. This allows us to process applications, administer accounts and provide you with information. We may also use your personal details to communicate with you about products and services and comply with relevant laws. We consider all information about you to be private and confidential.
This Privacy Policy sets out the type of information we collect and how we collect, store, use and disclose your personal information. We recommend that you read it carefully.
You are not required to provide us with your personal information, but if you do not do so we may not be able to provide you with our products or services.
If you apply for or accept any of our products or services or otherwise provide us with your personal information, you agree to your information being collected, held, used, and disclosed as set out in this Privacy Policy.
Our policy on collection
What kind of information will we collect?
In order to provide information about our products and services, and to comply with relevant legislation, we may collect the following information:
full name, date of birth, and contact details including telephone, address, and fax;
copy of a driver’s licence and /or passport or other identification documentation for the purpose of verifying identity and to ensure compliance with the Anti-Money Laundering and Counter Terrorism Financing Act and/or other legislation and regulations regarding identification verification, and tax reporting and withholding;
tax file number and bank account details for proper purposes and tax reporting and withholding;
details about authorised signatories; and
copies of any relevant fund governing documents, subscription agreements, partnership agreements or constitutions, which may be relevant to comply with the Anti Money Laundering and Counter-Terrorism Financing Act.
Information we collect from the web
We currently operate a website, at www.lenderslawyers.com.au
Our web server (i.e., the computers that house our website) has the capacity to collect the following types of information for statistical purposes:
the number of users who visit the website;
the number of pages viewed; and
traffic patterns.
This is anonymous statistical data, and no attempt is made to identify users or their browsing activities. This data is used only to evaluate our website performance and to improve the content we display to you.
Other information, such as browser type, is included in a ‘cookie’ that is sent to your computer when you complete certain tasks on our website. A cookie contains bits of information that enables our servers to identify and interact efficiently with your computer. Cookies are designed to provide a better, more customised website experience, and to make it easier for you to use our website. You can configure your computer to accept or reject cookies.
Security on our system
Your information is protected from unauthorised access through the use of secure passwords, user log-ons or other security procedures. Developments in security and encryption technology are reviewed regularly. Where necessary, we will remind you that the Internet is an insecure medium.
Our policy as to use and disclosure
How is personal information used?
Generally, we only use and disclose personal information for the purpose for which it was disclosed to us or related purposes which would reasonably be expected. Those purposes include:
to establish and administer a client’s investment and their relationship with us;
for communication purposes;
to comply with our record-keeping, reporting, and tax obligations;
to protect legal rights and comply with legal obligations;
to prevent fraud and abuse;
to enable us to provide information about and existing products and services that will enhance our relationship with the relevant parties.
However, we do respect the right of individuals to ask us not to do this; and
to handle any relevant enquiries or complaints.
Do we send personal information to overseas recipients?
Some of our related entities, affiliates, and third-party service providers (including our IT cloud storage provider, and board and committee portal provider) are located in countries outside of the country you reside in (such as the United States, New Zealand and Singapore).
Our contracts with these parties generally include an obligation for them to comply with relevant privacy laws (such as Australian privacy law) and this Policy.
We take steps to ensure that our agents, contractors, and external service providers keep your personal information confidential and use it only for the purposes for which they, and Lenders Lawyers, are authorised.
To whom may we disclose your personal information?
Required by law
We may be required by law to disclose personal information. For instance, we may be required to provide details to:
Australian Government regulators such as the Australian Securities and Investments Commission (ASIC), Australian Tax Office (ATO), Australian Transaction Reports and Analysis Centre (AUSTRAC), Office of Australian Information Commissioner (OAIC); and to other regulatory or government entities;
to other regulatory or governmental entities outside of Australia as may be required;
other overseas regulators in countries where Lenders Lawyers has operations;
as required by a court order; and
your spouse in accordance with the Family Law Act requirements.
Account administration
In order to meet our clients’ needs and provide some client services, such as administration of accounts and mailing of client distribution statements, it may be necessary to release information or provide access to external service providers, for instance:
any organisations involved in providing, managing, or administering our products systems or services such as custodians, registries, administrators, and software and information technology providers; and
auditors, consultants, and other professional advisers.
We will not sell our client information
Information about you managed by Lenders Lawyers will not be sold to any other company, individual, or group.
Security of Personal Information
Lenders Lawyers regards the security of your personal information as a priority and takes reasonable steps to protect your information from loss and unauthorised access, destruction, use, modification, or disclosure.
We hold any personal information in secure computer storage facilities. We utilise a range of technical security measures such as secure authentication, password controls, encryption, firewalls, and anti-virus technology to prevent unauthorised access to your information.
We also train our staff on the importance of maintaining the confidentiality of personal information and the privacy of individuals.
When we don’t need your personal information anymore, we will delete, destroy or de-identify it.
However, data protection and security measures are never completely secure, and despite the measures we have put in place, we cannot guarantee the security of your information. You should notify us as soon as possible after you become aware of any security breaches.
Accuracy, Access, and Correction
We take reasonable steps to ensure that your information that we collect, and hold is accurate, complete, and up to date. However, we rely on you to advise us of any changes to your information to help us maintain accurate, complete, and up-to-date information. Please let us know if you believe that any of your information that we have is not accurate, complete, or up to date.
We will, on request, provide you with access to the personal information we hold about you unless otherwise required or permitted by applicable law. We will notify you of the basis for any denial to access your personal information.
To request such information, or if you wish to update or correct your personal information, please contact us via the contact details provided below.
Specific Rights for European Union (EU) and UK residents only
If you are located in the EU or the UK, then you may have additional rights under the General Data Protection Regulation. Some of these rights will only apply in very limited circumstances.
You can ask us to confirm if we are using or holding your personal information.
You can ask us to delete your personal information. This right applies only on limited circumstances and will not usually apply where it remains necessary for is to use your information for the purposes for which it was collected, we are required by law to retain your information, or your information is relevant to a legal dispute.
You can ask us to help you move your personal information to other companies, where this is technically possible and only if we have collected and used your data via automatic means.
You have the right to be informed and now about any protections that we have in in place where we are transferring your data overseas.
We may send your personal information to third party service providers to whom we outsource certain functions, who may be located overseas.
When we disclose your information overseas, we are required to take measures to ensure your information is treated in accordance with the standards that apply in Australia except in rare cases (for example, where we are required by law to disclose your information overseas).
Revisions to Our Privacy Policy
We reserve the right to revise this Policy or any part of it from time to time. Please review this Policy periodically for changes. If we make material changes to this Policy, we will notify you by email or by putting a notice on our website at www.lenderslawyers.com.au
Your continued use of our websites, our products, or services, requesting our assistance or the provision of further personal or sensitive information to us after this Policy has been revised, constitutes your acceptance of the revised Policy.
Complaints
If you have a complaint about a breach of this Privacy Policy including the manner in which we have collected, held, used, disclosed, kept, or given people access to your personal information, then you may make a complaint to us using the contact details set out below. You will need to provide us with sufficient details regarding your complaint and any supporting evidence. Your complaint will be referred to our Privacy Officer who will investigate the issue and determine the steps we will take to resolve your complaint. We may ask you to provide additional information.
We will notify you in writing of our determination, generally within 30 days. If you are not satisfied with our determination or you do not receive a response within 5 business days, you can contact us to discuss your concerns and you can refer the complaint to the Office of the Australian Information Commissioner www.oaic.gov.au.
Contact Us
If you have any questions or concerns about this Policy or its implementation, please contact us at privacy@lenderslawyers.com.au or 0421 651 911.