Privacy Policy

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This Privacy Policy applies to all personal information collected by Louise Moulton Legal (ABN 89 747 459 509) (Louise Moulton Legal). 

In this Privacy Policy, “we” and “us” refers to Louise Moulton Legal and “you” refers to any individual about whom we collect personal information.

1 What is "personal information"?

(a) The Privacy Act 1988 (Cth) currently defines "personal information" as meaning information or an opinion about an identified individual or an individual who is reasonably identifiable:

(i) whether the information or opinion is true or not; and

(ii) whether the information or opinion is recorded in a material form or not.

(b) If information does not disclose your identity or enable your identity to be ascertained, it will in most cases not be classified as "personal information" and will not be subject to this Privacy Policy.

2 When does this Privacy Policy apply?

By using our website, dealing with our business or providing your personal information or another person’s personal information to us, you accept this Privacy Policy and agree to its terms.

3 What information do we collect?

The personal information which we collect and hold about you may include:

(a) your name, date of birth, occupation and contact details;

(b) your financial or billing information;

(c) details of your assets (Australian and overseas), liabilities, superannuation and life insurance;

(d) your children’s names and dates of birth;

(e) a family member and/or a friend’s name, date of birth, occupation and contact details;

(f) information relating to your business, partnership, company and/or trust;

(g) scanned copies of identification documents, such as passport and/or driver’s licence;

(h) details of your accountant, financial adviser and other related professional advisers;

(i) details of your digital assets;

(j) your medical information, such as a doctor’s certificate confirming your capacity to make legal decisions; and

(k) any information relevant to your making of a Will, Enduring Power of Attorney appointment, Enduring Guardian appointment, Medical Treatment Decision Maker appointment and/or Non-Enduring Power of Attorney appointment.

If necessary and with your consent, we may also collect sensitive information in order to carry out our functions or activities. Sensitive information includes information about your health, ethnicity and any disabilities.

4 How we collect and store your personal information

(a) We may collect your personal information when you use our website or interact with us. This may include when:

(i) you input personal information into our website or into an online form sent to you as link in an email;

(ii) you provide personal information to us verbally over the phone; 

(iii) you provide personal information to us via email;

(iv) you provide personal information directly to us in person, whether verbally or in writing; and

(v) personal information is provided to us by a third party.

(b) We may also collect cookies from your computer which enable us to tell when you use the website and also to help customise your website experience. As a general rule, however, it is not possible to identify you personally from our use of cookies.

(c) The personal information we collect will be held in electronic and/or paper records. We will take all reasonable steps to ensure that your personal information is stored in a secure environment.

(d) We note that no information transmitted over any medium, including the Internet, is guaranteed to be 100% secure. We will endeavour to protect your personal information as best as possible, but we cannot guarantee the security of any information that you transmit to us or receive from us. The transmission and exchange of information are carried out at your own risk.

(e) We may, from time to time, store your information using overseas servers including but not limited to, Japan (Smokeball) and the United States within Amazon Web Services (Formsite). We may also engage third parties or use third party services which store your information in overseas locations.

5 Purpose of collection

(a) The purposes for which we usually collect and use personal information depends on the nature of your interaction with us, but may include: 

(i) Communicating with you, such as responding to your enquiries and requests;

(ii) Obtaining information from you so that we can best inform you about our goods and/or services; and

(iii) Supplying our goods and/or services to you.

(b) Incomplete information provided to us may impact our ability to supply goods and/or services to you. If you have concerns in relation to providing information to us, you should contact us using the contact details at the end of this Privacy Policy.

(c) We may disclose personal information to our service providers where those third-party services are necessary for us to supply our goods and/or services to you, including third party data storage and technology providers. We may also disclose your information if required by law.

(d) Your personal information may also be exposed from time to time to maintenance and support personnel acting in the normal course of their duties. 

(e) Our website may direct you to websites operated by third parties. We are not responsible for the content or practices of such websites.

6 Direct marketing

From time to time we may distribute to our customers general information, newsletters and other promotional material regarding our goods and/or services. If we believe it may be of interest to you, we may supply you with specific information regarding some of our goods and/or services. If you do not want to receive direct marketing communications, you can opt-out at any time by contacting us using the contact details at the end of this Privacy Policy.

7 Access and correction

You may be permitted to obtain access to personal information we hold about you in certain circumstances. You may also request that we amend information we hold about you. Should you wish to request access or correction of information, please contact us using the contact details at the end of this Privacy Policy.

In some circumstances, access to the information requested or parts thereof may be refused where we are required or entitled not to provide that information.

8 Complaint procedure

If you have a complaint concerning the manner in which we maintain the privacy of your personal information, please contact us using the contact details at the end of this Privacy Policy.

All complaints will be considered by us and we may seek further information from you to clarify your concerns. If we agree that your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem. If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner.

9 Overseas transfer

We may from time to time disclose your personal information to overseas recipients for the purpose of delivering an estate plan that meets your needs, including gathering your information using an electronic form hosted by an overseas provider including but not limited to, Japan (Smokeball) and the United States within Amazon Web Services (Formsite). Before we do so, we have an obligation to ensure that an overseas recipient complies with the privacy principles under the Privacy Act 1988 (Cth).

10 GDPR

The European Union General Data Protection Regulation (GDPR) provides additional protection to customers located in the European Union. We do not have an establishment in the European Union and do not target or monitor the behaviour of individuals in the European Union. Accordingly, the GDPR does not apply.

11 How to contact us about your privacy

louise@louisemoultonlegal.com.au

Louise Moulton Legal

PO Box 76, Albion Park NSW 2527

Current as at 5 September 2024