CCH iFirm

Privacy

Privacy Policy

CCH and its related bodies corporate (“we”, “our”, “us”) are committed to providing you with the highest level of customer service. This includes protecting your privacy. This document sets out our Privacy Policy. In accordance with the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth), this Privacy Policy explains how and why we collect your personal information, how we may use and disclose it, how we keep it secure, how you can access or correct your personal information and how to make a complaint relating to your privacy.

What is personal information?

This Privacy Policy applies to personal information as defined in the Privacy Act. “Personal information” is any information that can be used to identify you. This may include your name, address, telephone number, email address and profession or occupation. If the information we collect personally identifies you or you are reasonably identifiable from it, the information will be considered to be personal information.

This document also refers to “sensitive information”. “Sensitive information” is information or an opinion about your racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal record, or health, genetic or biometric information.

Collecting personal information

We may collect the following types of your personal information:

  • Name, including your company name
  • Mailing or street address
  • Email address
  • Telephone number
  • Facsimile number
  • Profession, occupation or job title
  • Credit card details
  • Details of the products or services you have purchased from us or which you have enquired about, together with any additional information necessary to deliver those products and services or to respond to your enquiries
  • Any additional information relating to you that you provide to us directly through our websites or indirectly through use of our websites or online presence
  • Information you provide to us through customer surveys or through conversations with us
  • Any information that is provided to us by, or that we have collected on behalf of you (such as your staffs’ or your own clients’ information where you operate a business) where we are providing ongoing services such as software support.

Collecting sensitive information

We do not generally collect sensitive information. We may however do so to perform a function authorised or required by a third party organisation (where for example a software support function has been outsourced to us by a customer.) We will however only do so if you have given your consent either to us or the third party and it is reasonably necessary for the functions or activities of the collecting party or we are required to do so by law.

How we collect personal information

Where reasonable and practicable, we will collect personal information directly from you and inform you that this is being done. We may collect personal information in a number of ways including:

  • Through your access and use of our websites
  • During our conversations with you
  • When you or your organisation submits to us a document containing personal information.

However, in some circumstances it is necessary for us to collect personal information from third parties including:

  • From credit reporting agencies
  • From law enforcement agencies and other government entities
  • From agents, dealers and subcontractors that form part of our sales and/or service network
  • From our customers that have outsourced a function to us (such as hosting software)
  • From our service providers that collect information on our behalf.

If we receive personal information that we have not requested (unsolicited information) and we determine that we could not have collected that information under the Australian Privacy Principles if we had requested it, we will destroy or de-identify that information if it is lawful and reasonable to do so.

Purposes for which we collect, hold, use and disclose personal information

We collect, hold, use and disclose your personal information for the following purposes:

  • To provide products and services to you and/or your organisation and to send communications requested by you or your organisation including to inform you of updates or changes to the products or services you have acquired
  • To answer enquiries and provide information or advice about existing and new products and services
  • To assess and improve the performance, operation and relevance of our websites
  • To facilitate and process your orders and payments
  • To perform functions outsourced to us (such as hosting services) which may include providing personal information to our related bodies corporate, contractors, service providers or other third parties
  • To process and respond to any complaint made by you
  • For direct marketing of promotions, products or services that we think may be of interest to you, including adding you to a database compiled by us for this purpose
  • To our third party service providers for use in direct marketing of promotions, services or products that our third party service providers think may be of interest to you, including adding you to a database compiled for this purpose
  • For our internal planning, product or service development, quality control and research purposes and those of our related bodies corporate, contractors or service providers
  • For internal accounting and administration purposes
  • To update our records and keep your contact details up to date
  • For regulatory reporting and compliance with our legal obligations
  • To various regulatory bodies and law enforcement officials and agencies to protect against fraud and for related security purposes
  • To facilitate product reviews and to seek your feedback in relation to particular products and services, customer satisfaction and our relationship with you.

Disclosure of personal information by us

We may disclose your personal information to related bodies corporate or to third party organisations. Your personal information is only disclosed to these organisations for the purposes set out in this Privacy Policy. These third party organisations include those that carry out our:

  • Customer enquiries
  • Mailing operations
  • Billing and debt-recovery functions
  • Information technology services
  • Marketing and telemarketing services
  • Market research
  • Website usage analysis
  • Sales and support for our products and services.

In addition, we may disclose personal information to other third parties such as:

  • Third party professional advisers such as accountants, solicitors, business advisers, consultants
  • Credit-reporting and fraud-checking agencies
  • Government and regulatory authorities and other organisations, as required or authorised by law.

We take reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.

Direct Marketing Material

We may collect, hold, use and/or disclose your personal information (other than sensitive information) to send you direct marketing communications and information about our products and services that we believe may be of interest to you. These communications may be sent in various forms including mail, SMS, fax and email, in accordance with applicable laws governing the sending of marketing materials.

At any time you may opt-out of receiving marketing communications from us, by using the opt-out facilities specified in our direct marketing communications or by using the contact details set out below under “How to contact us”. We will then ensure that your details are removed from the relevant marketing contact list you have elected to opt-out of.

Web site collection

We collect information from our web sites during the optional web site registration process and during your use of our web sites. More specifically, information is collected in the following ways: 

Registration process

During our one-off registration process, the following information is collected: your email address, name, organisation (if any), address, telephone number, facsimile number (optional), where you heard about our websites (optional), your ship-to number (optional), your areas of interest for our daily email alerting service (optional), the type of information to be included in those email alerts, your username and password.

Purchase Process

When you purchase goods from us online, we need to collect the following information from you: Your username, password (if you want us to automatically enter existing contact details), name, organisation, email address, telephone number, facsimile number (optional), mailing address, cardholder name, credit card type, credit card number and credit card expiry date.

Our web servers

When you browse our web sites, our web servers, either controlled directly or indirectly, make a record of your visit and log the following information, mainly for statistical analysis or system administration purposes:

  • Your Internet protocol (IP) address and/or fully qualified domain name
  • The date and time of your visit to the web site
  • The web pages which you accessed, the files you downloaded and the size of those pages/files
  • If you followed a link to our web site, the name of the previous web page and the name of the web site you visited
  • The type and version of your web browser (for example, MS Explorer, Firefox or Chrome)
  • The name of your operating system (for example Windows 7 or 8, Apple or Linux)
  • The protocols used (for example http, https, ftp).

Search terms

Search terms that you provide when you search our web sites are collected for statistical analysis, to understand what users are looking for on our web sites and to improve the products and services which we provide.

Cookies  

We use cookies to better tailor our information and services to meet your needs. A cookie is a small summary file containing a unique ID which is sent to your internet enabled device, such as your computer.

Our web servers generate a single cookie which is used to let us know who you are, to deliver information, publications and services to you based on your account information and to keep track of the web pages which you visit while you are using our web sites. The cookie contains an organisation identity number (if any), user type, group identity number (if any), user identity number and the browser session identity number.

If you do not wish to receive cookies, you can set your browser so that your internet enabled device does not accept them. However your browser must have cookies enabled for you to be able to use our web sites.

Third parties

Our Internet Service Provider (ISP) and your ISP may also make a record of your visit to our web sites and collect some or all of the same or similar information as referred to above under Web site Collection.

Our web sites work with a third party site that collects anonymous traffic data at our web sites from traffic referred by external search engines. This third party may use cookies and other anonymous identifiers and may create anonymous profiles associated with cookies or other anonymous identifiers, but will not associate any data gathered with any personally identifiable information from any source.

We do not use any third-party advertisement service(s) for the serving or targeting of advertisements, promotions or other marketing information.

When you follow a link from our web sites to a third party web site, that web site may also make a record of your visit and collect some or all of the same or similar information as referred to above under Web site Collection. We are not responsible for the privacy practices or the content of any third party web sites.

Consequences if we cannot collect personal information  

If you do not provide us with personal information some or all of the following may occur:

  • We may not be able to provide the requested products or services to you. If for instance you do not complete an on-line registration process then you will not have access to our free Web Guide reviews and links to online information, news and events in your area(s) of interest, our opt-in daily email alerting service or a range of other free services. Where purchasing goods from us online, a failure to provide the required personal information will mean we will be unable to process your order
  • We may not be able to provide you with information about products or services
  • We may be unable to tailor the content of our websites to your preferences and your experience of our web sites will not be as enjoyable or useful.

Accessing and Correcting Personal Information

If you wish to access, correct or update any personal information we may hold about you, please contact us as set out below under “How to contact us”. We may charge you for our reasonably incurred costs in providing access to this information. We will not charge you for correcting information. We may refuse access in certain instances, where for example, granting access would interfere with others’ privacy. Where we are unable to provide access to your personal information we will give you a written notice setting out:

  • the reasons for the refusal (to the extent it is reasonable to do so); and
  • the steps that can be taken to lodge a complaint in respect of our refusal.

Alternatively, if you have registered to use our web sites, most of the information provided during registration may be corrected by you online through your personalised Membership Services pages. The information which you can correct includes your name, street address, contact details (telephone number, facsimile number, email address), password and your daily email alerting service profile.

Disclosure of personal information overseas

Your personal information may be disclosed to organisations located outside of Australia. This may occur for example, where we have a database or server hosted outside of Australia or where your personal information is disclosed to a related body corporate. We may for instance transfer personal information to related body corporates located in the United States of America.

Your personal information may also be transferred to organisations located outside of Australia for processing, storage or support services. The countries to which we are most likely to send your personal information for these services include India, Indonesia, Malaysia, Philippines or the United States of America. These countries may have different data protection laws. By using these services you consent to the transfer of information to organisations located outside of Australia.

Prior to us disclosing your personal information overseas we will take all reasonable steps to ensure that the overseas recipient does not breach our privacy obligations relating to your personal information and that the personal information is used for the same purposes for which we are authorised to use the personal information.

Protecting the security of personal information

We may hold your personal information in either electronic or hard copy form. We have security measures in place and take all reasonable steps to ensure that your personal information is stored in a secure environment and protected from misuse, interference, loss, unauthorised access, modification and disclosure.

Whenever you register or purchase goods or services from our web sites, we use current technology to encrypt the information and online access to your information, products and services requires you

to provide a username and password. The sections of our web sites dealing with credit card information are capable of working with browsers using high-security encryption.

Where we are not required or authorised by law to retain your personal information, it will be destroyed or de-identified when it is no longer required for any purpose for which we may lawfully use or disclose it.

Notification of Collection of Personal Information

At or soon after the time when we collect your personal information, we will take reasonable steps to ensure that you are aware of the collection, the purpose(s) of the collection, the main consequences (if any) if the information is not collected, the types of organisations (if any) to which the information may be disclosed (including those located overseas), any law that required the information to be collected and that this Privacy Policy contains details on access, correction and complaints.

Complaints about a breach of privacy

If you have any concerns or questions about the way your personal information is managed and used by us, or are concerned that the Privacy Act or this Privacy Policy has been breached, please contact our Privacy Officer.

We take compliance with our privacy obligations seriously. We will ensure that your complaint is registered with us and may request that you provide the complaint in writing. The Privacy Officer will ensure that the complaint is referred to the correct persons within the organisation to investigate and respond to the complaint. Any response or action will be notified to you as soon as practicable.

The Privacy Officer’s details are set out below under “How to Contact Us”.

How to Contact Us

To contact us regarding any request to access or correct personal information, any complaint regarding the treatment of your personal information or if you have any queries regarding this Privacy Policy; please contact our Privacy Officer whose details are as set out below:

Mail – The Privacy Officer, CCH Australia Limited, GPO Box 4072, Sydney, NSW 2001

Email – AU-Privacy@wolterskluwer.com

Telephone – 1300 300 224

Updates to this Privacy Policy

We may amend this Privacy Policy from time to time. Any updated versions will be effective from the date of posting on our website at http://www.wolterskluwer.cch.com.au/

This Privacy Policy was last updated on 9 March 2015.

View the Privacy Collection Statement 

 

CONTACT

Contact us today to discuss how CCH iFirm can help your accounting practice or to arrange a demo.

Call us toll free on: 1800 83 68 69

or click here to send us an enquiry.

 

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Terms and Conditions

  1. The service is marketed by CCH, (a registered business of Wolters Kluwer Australia Pty Ltd, ACN 095 325 643) and the service is provided by SmartCorp (a registered business of Company Dynamics Pty Ltd ACN 058 086 169 and called Smartcorp in these terms).
  2. The terms “You”, “Your” and “Yours” mean the entity, organisation, person or firm placing on behalf of a client, an order for a company with Smartcorp, and if more than one, jointly and severally.
  3. The term “CCH” means the company marketing the service and responsible for invoicing the entity, organisation, person or firm placing an order for a company.
  4. Smartcorp is the organisation providing the company service and facilitating ASIC registration and it does so as Your agent.
  5. Each party referred to above is bound by and must comply with these provisions in accordance with these terms.
  6. CCH is appointed as agent for You and in that capacity CCH will receive an invoice from Smartcorp and CCH will invoice You the same amount for which You are liable to pay including the reimbursement of the amounts paid by Smartcorp to the Australian Securities and Investments Commission (“ASIC”). Smartcorp pays CCH a fee for your order.
  7. Smartcorp will be dealing with ASIC as Your agent. Smartcorp will not be incurring liabilities with ASIC as principal, but will be acting as Your agent. You warrant and it is an essential term that You have authority from Your client (being the person for whom you act) to provide the order details to Smartcorp.
  8. Credit terms are 30 days from invoice and You are personally liable to pay CCH for the service as invoiced to you.
  9. The amount CCH will invoice you under paragraph 6, will be an amount that is inclusive of any goods and services tax (“GST”). Any GST that is payable for any taxable supply will be identified. The total amount that CCH invoices may include components incurred by Smartcorp on behalf of Your client upon which no GST liability has arisen.
  10. All invoices to Your account must be paid whether or not You change Your name and whether or not You change the nature of Your legal personality, for example by reconstituting Your partnership or by incorporating or otherwise. These liabilities will only cease when the account has been paid in full or if CCH agree expressly in writing that someone else is responsible to pay and that other person has agreed in writing to do so in a manner that is enforceable by CCH.
  11. These terms are governed by and construed in accordance with the laws of the State of New South Wales, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New South Wales and You consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement relating to the subject matter and shall not be modified except in writing, signed by the parties.
  12. A specimen of the current form of proposed Constitution is available on the website and has been read by You and You are satisfied and Your client is satisfied, that the company when completed in accordance with the information set out in the company order, will meet all Your and Your client’s requirements. On receipt of the company You and Your client will check it to ensure that it has been completed in accordance with those requirements.
  13. The company Application for Registration is solely based on your Order and these terms. You and the Applicant (the person whose user name and user ID have been entered to access the Smartcorp system) agree that the Applicant having viewed the following declaration (in relation to the form 201, ASIC Application for Registration as an Australian company and any annexures, compiled electronically based on Your order) assents to this declaration and will comply with it: “I apply for the registration of a company on the basis of the information in this form and any attachments. I have the necessary written consents and agreements referred to in this application concerning the members and officeholders and I shall give the consents and agreements to the company after the company becomes registered. The information provided in the application and in any annexures, is true and correct at the time of signing.” Those consents are the officeholders’ consent to act, members’ agreement to take up shares, constitution and, if applicable, consent of occupier to use of registered office, blank copies of which are downloadable from the Smartcorp website.
  14. You acknowledge and agree that; You are solely responsible for ensuring that Your instructions are correct and no other party is under any obligation to verify the correctness of Your instructions. Without limitation, Smartcorp is entitled to provide the requested company without further enquiry and You accept all responsibility and indemnify Smartcorp in respect of all claims by any person or company, including, without limitation, whether in respect of the type of company chosen, its suitability for You or Your client’s purposes or otherwise.
  15. To the maximum extent permitted by applicable law, Smartcorp is not liable for and excludes all liability for loss or damage (including any indirect or consequential loss or damage) arising out of or in relation to any and all delays, errors, or omissions in providing the company; a failure to properly carry out Your instructions; negligence; acts of default or omission of any kind whatsoever and however caused; or any acts of default or omission or any fraud or negligence of any kind whatsoever and however caused whether or not caused by Smartcorp’s employees, agents or contractors. Smartcorp makes no warranties in relation to the company except to the extent that they are implied under any applicable law that cannot be excluded.
  16. If an applicable law does not permit the limitation or exclusion of Smartcorp’s liability as provided in these terms, Smartcorp’s total liability in that event for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise shall not exceed the amount paid, if any, for the relevant company sought by You, however, Smartcorp may instead, at its discretion, re-supply the service or part of the service.
  17. Smartcorp does not ascertain whether a proposed company name is already in use by another entity and accordingly Smartcorp does not accept responsibility for the registration of a name similar to an existing name. You and Your client understand that the onus is not on Smartcorp but on You to have regard to similar names or to names which may possibly be confused with or mistaken for another name. You accept that registration by ASIC does not give any rights to that name.
  18. Smartcorp is not a legal or financial adviser, nor does it act as a legal or financial adviser, nor is it competent or qualified to act in, or in conjunction with, the carrying out of the functions of a legal or financial adviser.
  19. In these terms the singular includes the plural and vice versa.
  20. Every order is subject to the current version of these terms and conditions and every time You order You must accept the terms and conditions which are viewable by You with every order. If You do not accept when ordering, Smartcorp’s ordering system will not permit You to proceed further.