1. Introduction
(a) This website the products or services sold on, or via, this website is created, operated and controlled by Islandlegalwills.com Pty Ltd (ACN 638 925 032) (we, us or our).
(b) We are committed to ensuring your personal information is protected. We manage your personal information in accordance with the Canadian Privacy Principles (APPs) set out in the Privacy Act 1988 (Cth) (Privacy Act).
(c) By accessing, using and continuing to use, our website available at Islandlegalwills.com (Site) and the products or services made available on our website (collectively, Islandlegalwills.com Platform) you agree to this Privacy Policy.
(d) This Privacy Policy outlines how we collect, store, use and disclose your Personal Information, and how you may access your Personal Information (as defined in the Privacy Act) kept by us or how you may make a privacy complaint.
2. The information we collect about you
2.1. Personal information
(a) Personal information is information or an opinion about a natural person which identifies a natural person, or which is reasonably capable of identifying a natural person, whether or not the information is true or recorded in a material form.
(b) We will only collect and hold Personal Information about you that is reasonably necessary to undertake our business activities and functions, deliver our products and services to you, or as otherwise permitted by law.
(c) The type of Personal Information that we collect and use depends on the type of dealings that you have with us and includes the following:
(i) contact details (for example, full name, address, date of birth, email address, details relating to your age, gender and marital status);
(ii) information relating to your dealings, or enquiries you have made, with us, including information about the products or services you have ordered on, or via the Islandlegalwills.com Platform;
(iii) payment and billing information;
(iv) information regarding your access and use of our Site and the Islandlegalwills.com Platform, including location information, IP address, products you viewed or searched for, length of visits to certain pages, page interaction information, methods used to browse away from the page and any third party websites you access;
(v) information relating to your Islandlegalwills.com Platform account, including your username and password;
(vi) information relating to your estate planning requirements and financial circumstances, including your assets and details of persons who are involved in your estate;
(vii) other information that you provide to us or that we may collect in the course of our relationship with you; and
(viii) information provided by or on behalf of applicants for employment.
2.2. Sensitive information
(a) We do not intend collect your Sensitive Information (as defined by the Privacy Act). However, some of our services are automated and we may not recognise that you have accidentally provided us with sensitive information.
(b) If you have accidentally sent us Sensitive Information, please contact us using the details below.
3. How we collect Personal Information
3.1. Direct collection from you
(a) We collect your Personal Information (directly or automatically) from you in a variety of ways, including if you:
(i) set up or update an account or other registration on the Islandlegalwills.com Platform;
(ii) visit, access and use the Islandlegalwills.com Platform;
(iii) use our products or services (and our records of these) made available to you on, or via the Will Platform including when you use any technical support services that are provided by us or our Authorised Affiliates;
(iv) submit an enquiry to us via the Islandlegalwills.com Platform or Help/Support Chat Box
(v) participate in our surveys, competitions, promotions, questionnaires or other promotional activities or complete any forms or documents for our products or services or subscribe to our publications, alerts and newsletters; or
(vi) interact or communicate with us, such as by telephone, email or in person or make a comment on our social media sites.
(b) When we collect Personal Information directly from you, we will take reasonable steps to notify you (using a collection notice) at, before, or as soon as practicable after, the time of collection.
(c) As a collection notice is specific to a particular collection of Personal Information, it will provide more specific information about our information-handling practices than this policy.
(d) This policy is subject to any specific provisions contained in our collection notices and the terms and conditions of any offers, products and services. We, therefore, encourage you to read those provisions carefully.
(e) By providing your Personal Information to us, you acknowledge that you are authorised to provide such information to us.
3.2. Collection from third parties
(a) We may also collect Personal Information from publicly available sources and third parties, including:
(i) from third parties (including our related bodies corporate, business partners, service providers and government agencies);
(ii) from your executors or beneficiaries with whom we may deal from time to time;
(iii) social media platforms including Facebook or LinkedIn;
(iv) banks, credit unions, financial institutions and third-party payment processors;
(b) If you provide us with Personal Information about another individual (as their authorised representative), we rely on you to:
(vii) inform them that you are providing their Personal Information to us; and
(viii) advise them that they can contact us for further information.
(c) You must take reasonable steps to ensure the individual is aware of, and consents to, the matters outlined in this Privacy Policy.
(d) Upon our request, you must also assist us with any requests by the individual to access or update the Personal Information you have collected from them and provided to us.
3.3. Third-party payment processor
We use a third-party payment processor to process payments made to us. In connection with the processing of such payments, we do not collect, process, use, share, store or disclose any Personal Information or payment information (such as credit card and bank account details). Rather, all such information is provided directly to our third-party processor, Stripe, whose use of your personal information is governed by their privacy policy, which may be viewed at https://stripe.com/privacy.
4. How we use your Personal Information
4.1. Purposes of use and disclosure
(a) We only use, process and disclose your Personal Information for the purposes for which it is collected.
(b) In particular, we use, process and disclose your Personal Information to:
(i) provide you with our products or services, or the Islandlegalwills.com Platform;
(ix) improve, develop and manage our products, services and the Islandlegalwills.com Platform, and to assist us in providing a better service to you;
(x) operate, maintain, test and upgrade the Islandlegalwills.com Platform and systems; and
(xi) notify you of opportunities we think you might be interested in, including new product or service offerings, information about the Islandlegalwills.com Platform, offers, competitions, promotions, events and surveys;
(xii) to verify your identity;
(xiii) to conduct fraud, risk reduction and creditworthiness checks;
(xiv) to perform research and analysis about our products, services and the Islandlegalwills.com Platform, including usage patterns, trends, benchmarking and other statistical or behavioural data. Before we use your Personal Information for this purpose, we ensure Personal Information is made anonymous by removing data that can identify you;
(xv) to comply with regulatory or other legal requirements,
(xvi) for any purpose to which you have consented; and
(xvii) for any other purpose notified to you at the time of collection.
(c) In the event of a merger, acquisition or sale of the whole or part of our business or assets, we reserve the right to transfer your personal information as part of the transaction, without your consent or notice to you.
4.2. Disclosure to third parties
(a) With your consent, we may provide your Personal Information to the following recipients:
(i) our employees, related entities, business partners, third party contractors, suppliers and agents from time to time for the purpose of delivering, providing and administering our promotions, deals, competitions, products, services and the Islandlegalwills.com Platform. For example, we may disclose your Personal Information to our affiliated third-party law firm, Vault Legal Pty Ltd;
(ii) third-party service providers who process or use your Personal Information for the purpose of performing functions on our behalf, but may not process or use such information for any other purpose. Examples of these third-party service providers include, but are not limited to, such as cloud-based accounting software platforms, marketing and analysis organisations, financial and credit card institutions to process payments, hosting companies, web developers, internet service providers, customer service providers, customer support specialists, fulfilment companies and research and data analysis firms;
(iii) to your executors:
A. for the purpose of advising them that you have appointed them as the executors of your estate and that a copy of your will and a video message containing your last wishes may be stored with us; or
B. after you pass away to assist them with applying for probate;
(iv) to a specific charity, in circumstances where you have chosen to bequeath assets from your estate to the specific charity, for the purpose of contacting you or your executors; and
(v) external business advisors, such as auditors, lawyers (including the lawyers of your estate to assist them to apply for probate), insurers and financiers, (collectively, Authorised Affiliates).
(b) When we disclose your Personal Information to any of our Authorised Affiliates, we will ensure that they undertake to protect your privacy. These Authorised Affiliates are not permitted to use the information for any purpose other than the purpose for which they have been given access.
(c) Our Authorised Affiliates may also provide us with Personal Information collected from you. If you disclose personal information to an Authorised Affiliate, we rely on you to provide the Authorised Affiliate with consent for us to collect, storage, use, process, alter and disclose your Personal Information.
(d) We may also disclose any Personal Information we consider necessary to comply with any applicable law, regulation, legal process, governmental request or industry code or standard.
4.3. Overseas disclosure
(a) In the course of providing you with our products, services and the Islandlegalwills.com Platform, it may become necessary or desirable to disclose Personal Information to our Authorised Affiliates located overseas. The countries in which these overseas recipients may be located will depend upon the individual circumstances. However, in the course of our ordinary business operations, we commonly disclose Personal Information to Authorised Affiliates located in countries such as the United States where our third-party payment processor, Stripe, is located.
(b) The laws where these overseas recipients may be located provide various levels of protection for Personal Information which are not always equivalent to the level of protection that may be provided for in Australia. Where we transfer your Personal Information overseas, we will take reasonable steps to ensure that your Personal Information is treated securely and the means of transfer provides adequate safeguards.
(c) If you have any questions in relation to the transfer of your Personal Information please contact us using the contact details set out below.
4.4. Disclaimer
(a) We will not disclose your Personal Information to any third party (other than our Authorised Affiliates) without your written consent, unless:
(i) we are otherwise required by the Privacy Act;
(ii) we are permitted to under this policy; or
(iii) such disclosure is, in our opinion, reasonably necessary to protect our rights or property, avoid injury to any person or ensure the proper functioning of the Islandlegalwills.com Platform.
(b) This policy only covers the use and disclosure of information we collect from you. The use of your Personal Information by any third party is governed by their privacy policies and is not within our control.
5. Storage and security
5.1. Protecting your Personal Information
(a) We take reasonable steps in the circumstances to keep your Personal Information safe. We use a combination of technical, administrative, and physical controls to protect and maintain the security of your personal information, including use of Secure Sockets Layer (SSL) which is an encryption technology used to protect data as it travels over the internet.
(b) Our officers, employees, agents and third-party contractors are expected to observe the confidentiality of your Personal Information.
(c) Wherever possible, we procure that Authorised Affiliates who have access to your Personal Information take reasonable steps to:
(i) protect and maintain the security of your Personal Information; and
(ii) comply with the relevant APPs when accessing and using your Personal Information.
5.2. No guarantee
(a) The transmission of information via the internet is not completely secure. While we do our best to protect your Personal Information, we cannot guarantee the security of any Personal Information transmitted through the Islandlegalwills.com Platform.
(b) You provide your Personal Information to us at your own risk and we are not responsible for any unauthorised access to, and disclosure of, your Personal Information.
5.3. Destruction of Personal Information
We will destroy or de-identify Personal Information where it is no longer required unless we are required or authorised by law to retain the information.
6. Notifiable Data Breaches Scheme
In the event of any loss, or unauthorised access or disclosure of your Personal Information that is likely to result in serious harm to you, we will investigate and notify you and the Information Commissioner as soon as practicable, in accordance with the notifiable data breach scheme contained in Part IIIC of the Privacy Act.
7. Direct marketing
7.1. Your consent
(a) We may use and disclose your Personal Information to send you information about the Islandlegalwills.com Platform and/or products or services we offer, as well as other information that may be of interest to you.
(b) We may send this information to you via the communication channels specified at the time you provide your consent.
(c) These communication channels may include mail, email, SMS telephone, social media or by customising online content and displaying advertising on our Site.
(d) If you do not wish to receive any of these marketing communications, you can opt-out by following the unsubscribe instructions included in the relevant marketing communication, or by contacting us using the contact details set out below.
7.2. Opting-out
You can opt-out of receiving these communications by:
(i) contacting us using the details below; or
(ii) using the unsubscribe function in the email or SMS.
8. Links to other sites from the Islandlegalwills.com Platform
(a) The Islandlegalwills.com Platform may contain hyperlinks or banner advertising to or from third-party websites.
(b) We do not endorse any of these third parties, their products or services, or the content on these websites.
(c) These websites are not subject to our privacy standards, policies and procedures. Therefore, we recommend that you make your own enquiries about their privacy practices.
(d) We are in no way responsible for the privacy practices or content of these third-party websites.
9. Cookies policy
(a) We may collect information when you access and use the Islandlegalwills.com Platform by utilising features and technologies of your internet browser, including cookies, pixel tags, web beacons, embedded web links and similar technologies. A cookie is a piece of data that enables us to track and target your preferences.
(b) The type of information we collect may include statistical information, details of your operating system, location, your internet protocol (IP) address, the date and time of your visit, the pages you have accessed, the links which you have clicked and the type of browser that you were using.
(c) We may use cookies and similar technologies to:
(i) enable us to identify you as a return user and personalise and enhance your experience and use of the Islandlegalwills.com Platform; and
(ii) help us improve our service to you when you access the Islandlegalwills.com Platform and to ensure that the Islandlegalwills.com Platform remains easy to use and navigate.
(d) Most browsers are initially set up to accept cookies. However, you can reset your browser to refuse all cookies or warn you before accepting cookies.
(e) If you reject our cookies or similar technologies, you may still use the Islandlegalwills.com Platform but may only have limited functionality of the Islandlegalwills.com Platform.
(f) We may also use your IP address to analyse trends, administer the Islandlegalwills.com Platform and other websites we operate, track traffic patterns and gather demographic information.
10. Access rights
(a) We will use our reasonable endeavours to keep your Personal Information accurate, up-to-date and complete.
(b) You have the right to access any Personal Information we hold about you, subject to some exceptions provided by the Privacy Act.
(c) You can access, or request that we correct, your Personal Information by writing to us using the details below. We may require proof of identity.
(d) If we do not allow you to access any part of your Personal Information, we will tell you why in writing.
(e) We will not charge you for requesting access to your Personal Information but may charge you for our reasonable costs in supplying you with access to this information.
(f) We will endeavour to respond to your request for access or correction within 1 month from your request.
11. Consent
You expressly and freely acknowledge and agree that we, our Authorised Affiliates and each of their officers, employees, agents and contractors are permitted to collect, process, use, share, store, disclose, alter and destroy your Personal Information in accordance with this Privacy Policy and the Privacy Act.
12. Changes to the policy
(a) We may amend this Privacy Policy from time to time at our sole discretion.
(b) Any revised Privacy Policy will be posted on the Islandlegalwills.com Platform and effective from the time of posting.
(c) Your continued use of our products, services or the Islandlegalwills.com Platform following the posting of any revised Privacy Policy indicates your acceptance of the changes to the Privacy Policy.
(d) You should regularly check and read the Privacy Policy.
13. Complaint
(a) If you have any issues about this Privacy Policy or the way we handle your Personal Information, please contact us using the details below and provide full details of your complaint and any supporting documentation.
(b) At all times, privacy complaints:
(i) will be treated seriously;
(ii) will be dealt with promptly;
(iii) will be dealt with in a confidential manner; and
(iv) will not affect your existing obligations or your commercial arrangements with us.
(c) Our Privacy Officer shall endeavour to:
(i) respond to you within 10 business days; and
(ii) investigate and attempt to resolve your concerns within 30 business days or any longer period necessary and notified to you by our Privacy Officer.
(d) If you are dissatisfied with the outcome of your complaint, you may refer the complaint to the Jamaican Information Commissioner.