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To meet your expectations about privacy and confidentiality, Steven J Miller & Co (SM&c) has operational processes and procedures to comply with the:
- Australian Privacy Principles (APPs) contained in the Privacy Act 1988; and
- Spam Act 2003 in relation to electronic marketing.
If you have any questions not addressed in this Policy, please feel free to contact us using the methods at the bottom of this policy under the heading “How to contact us”.
Should there be any inconsistency between this policy, the Privacy Act and other acts mentioned above, this policy shall be interpreted to give effect to and comply with the legislation.
This policy includes examples but is not intended to be restricted in its application to such examples. Where the word ‘including’ is used, it shall mean ‘including without limitation’.
Our website contains links to non-SM&c websites. SM&c is not responsible for the privacy policies of those other websites. We recommend you review the privacy policies of each site you visit.
Collection of personal information
‘Personal information’ means information we hold about you from which your identity is either clear or can be reasonably determined. When you give us your personal information, it imposes a serious responsibility on us. Protecting your privacy when handling personal information is very important to us and is fundamental to the way we serve you.
Generally, we will collect personal information directly from you, and only to the extent necessary to provide the service you requested or to carry out our internal administrative operations.
We may collect personal information from you when:
- you fill in an application or other form;
- deal with us over the telephone;
- engage us to provide a service;
- email us;
- ask us to contact you after visiting our website.
We will collect information from you by lawful and fair means and not in an unreasonably intrusive way.
If you choose to not provide your personal information when requested, we may not be able to deliver the service that you have requested. We will endeavour to make this as clear as possible for each service.
In some cases, where it makes sense and is lawful, you can interact with us anonymously or by using a pseudonym (an alias). We will endeavour to make this option clear when it is available to you.
As noted above, we will only collect personal information from you that is necessary to provide the product or service or to carry out internal administrative functions. We collect different information depending on the product or service that you have requested.
The main purposes for which we collect personal information are:
- where it is necessary for us to provide our services;
- to maintain contact with clients;
- to keep clients and contacts informed of the services we offer and of current developments such as changes of business hours;
- for administration and management purposes; and
- to provide you with information about other services we offer that may be relevant to you.
“Unsolicited” personal information is personal information about an individual that an organisation has unintentionally received. This is an uncommon occurrence for SM&c, but when it does happen, we will protect your personal information with the same rigour as we treat personal information that we intended to collect. If we could not have collected this information through our normal processes, we will de-identify that information as soon as we can.
Uses and sharing
We use personal information you provide only for purposes consistent with the reason you provided it, or for a directly related purpose. We may also use your personal information where required or permitted by law. We may also use your information where you have provided us with your express or implied consent.
We do not share your personal information with other organisations unless:
- you give us your express consent, or
- sharing is otherwise required by law.
We have a strict duty to maintain the privacy of all personal information we hold about you. However, certain exceptions do apply. For example, where disclosure of your personal information is:
- authorised or required by law (e.g. disclosure to various government departments and agencies or disclosure to courts under subpoena);
- in the public interest (e.g. where a crime, fraud or misdemeanor is committed or suspected and disclosure against the client’s rights to confidentiality is justified)
- with your consent – your consent may be implied or express and it may also be verbal or written.
Treatment of personal information with subsidiaries
SM&c can disclose personal information (excluding sensitive information) with subsidiaries as long as the purpose for sharing is related to the reason the personal information was originally collected.
SM&c will only transfer personal information overseas in compliance with all applicable Australian data protection and privacy laws.
From time to time we may use the personal information we collect from you to identify particular SM&c services which we believe may be of interest to you. We may then contact you to let you know about these services and how they may benefit you. We will generally only do this with your prior consent (where practical) and we will always give you a choice to opt out of receiving such information in future.
Direct marketing from SM&c usually takes the form of Direct Mail or Electronic Marketing (email).
Where we use your personal information to send you marketing information via the post, by email, SMS, MMS or other electronic means we may do so with your express or implied consent. You may give us your consent by, for example, ticking a box on an electronic or paper form where we seek your permission to send you electronic or other marketing information. Consent may be implied from our existing business relationship or where you have a reasonable expectation of receiving a marketing communication.
Every directly addressed marketing contact sent or made by SM&c will include a means by which clients may unsubscribe (or opt out) of receiving further marketing information.
Additionally, you may instruct us at any time to remove any previous consent you provided.
Accessing your personal information
You have the right to request access to the personal information we hold about you. This right is subject to certain exceptions (see below) allowed by law.
SM&c will, upon you request, and subject to applicable privacy laws, provide you with access to your personal information that is held by us. However, we ask that you identify, as clearly as possible, the type (or types) of information requested. SM&c will deal with your request in a reasonable time – usually within 30 days.
Depending on the breadth of you request, we may recover from you reasonable costs incurred in supplying you with access to this information.
Your right to access your personal information is not absolute. In some circumstances, the law permits us to refuse your request to provide you with access to your personal information, such as circumstances where:
- access would pose a serious threat to the life or health of any individual;
- access would have an unreasonable impact on the privacy of others;
- the request is frivolous;
- the information relates to a commercially-sensitive decision-making process;
- access would be unlawful;
- access may prejudice enforcement activities, a security function or commercial negotiations.
Updating your information
It is inevitable that some personal information which we hold will become out of date. We will take reasonable steps to ensure that the personal information which we hold remains accurate and, if you advise us of a change of details, we will amend our records accordingly.
Where your information has been disclosed to a third party, SM&c will take reasonable steps to notify the third party of the correction.
Where we are unable to update your information, we will provide an explanation in writing as to why the information cannot be corrected.
SM&c is committed to keeping your trust by protecting your personal information.
We employ appropriate technical, administrative and physical procedures to protect personal information from unauthorised disclosure, loss, misuse or alteration.
We limit access to personal information to individuals with a business need consistent with the reason the information was provided. We keep personal information only for as long as it is required for business purposes or by the law.
SM&c protects your personal information by complying with Information Security Standards, Industry Schemes and Statutory obligations.
Website security and privacy
We understand that you may be concerned about the security of personal information we collect from you online.
Accordingly we have systems in place to ensure our dealings with you are as secure as your dealings with us in person, or on the telephone.
Information collected on this website
We may collect non-personal information from you such as browser type, operating system, and pages visited to help us manage our site.
Our internet server logs the following information which is provided by your browser for statistical purposes only:
- the type of browser and operating system you are using;
- your Internet Service Provider and top level domain name (for example -.com; .gov; .au etc)
- the address of any referring website;
- your computer’s IP address.
All of this information is used by SM&c for aggregated statistical analysis or systems administration purposes only. No attempt will be made to identify users or their browsing activities, except where required by law.
Links to other websites
SM&c contains links to other sites. We are ultimately not responsible for the privacy practices or the content of such websites. We encourage you to read and understand the privacy policies on those websites prior to providing them with information.
Search terms that you enter when using our search engine are collected, but are not associated with any other information that we collect. We use these search terms for the purpose of aggregated statistical analyses so we can ascertain what people are looking for on our website, and to improve the services that we provide.
Loss of personal information
Despite our every effort to protect your personal information, there remains the possibility that a breach of our security could occur. In the event of loss of personal information SM&c will:
- seek to rapidly identify and secure the breach to prevent any further breaches;
- engage the appropriate authorities where criminal activity is suspected;
- assess the nature and severity of the breach including the type of personal information involved and the risk of harm to affected individuals;
- notify the affected individuals directly if appropriate and where possible;
- If appropriate, put a notice on our website advising our clients of the breach;
- notify the Privacy Commissioner (at the OAIC) if the breach is significant.
How to contact us
SM&c is committed to working with its clients to obtain a fair resolution of any complaint or concern about privacy.
To contact us with a compliment, complaint or a privacy question, you can:
- write to us at PO Box 477 Erskineville NSW 2043
- call us on (02) 9560 3777
Last updated: March 2014
Further information on privacy
You can obtain further general information about your privacy rights and privacy law from the Office of the Australian Information Commissioner by:
- calling their Privacy Hotline on 1300 363 992
- visiting their website;
- writing to:
The Australian Information Commissioner
GPO Box 5218
Sydney NSW 1042