CCH iFirm

Privacy

Privacy Policy

At CCH we are committed to protecting your privacy. To see the reasons why we have requested this information, what we intend to use it for, and who we may disclose it to, please see our Privacy Policy below.

Updating Your Details

The details you enter or the selections you make during the registration process can be updated at any time via the Membership Services area of the website or by contacting CCH Customer Support.

Online Security

CCH takes the issue of your online security seriously. So that we can ensure that your credit card information is as secure as possible this area of the website is capable of working with web browsers using high-security encryption.

CCH Australia & Your Privacy

At CCH Australia we are committed to protecting the privacy of personal information we collect from you during the course of our business relationship. CCH Australia is bound by the 13 Australian Privacy Principles that form part of the Privacy Act 1988 (Commonwealth), and believe that respect for your privacy forms part of the ongoing trust we wish to develop with you.

What personal information do we keep?

If you are a customer of CCH, we generally store the following personal information in order to manage our business relationship:

  • Your name, company name, contact/delivery details, email address
  • Credit card details for the purpose of paying for your order
  • Your type of business, your business title
  • The date and time of your order, and
  • Your history of product and service orders with CCH.

Depending on the product or service you have acquired, we may also store other specific information about you. If you want more detailed information on this matter then please ask your CCH sales account manager, or contact CCH Customer Support. Contact details are provided at the end of this document. If you have contracted to obtain ongoing services from CCH, such as software support, then CCH will collect and store relevant personal information to provide those services to you. In some instances this may include personal information in relation to your staff or your clients.

What do we use this personal information for?

The customer personal information that we maintain is kept for the following purposes:

  • To provide you with the product or service you have acquired or requested
  • To send you communications in relation to the product or service you have acquired or requested
  • Internal accounting and administration
  • To protect you and us from fraud
  • To help us identify other products or services that might be beneficial to you, and inform you about them, and
  • To inform you about updates or changes to the product or service you have acquired.

Third parties and your personal information

CCH will not share your information with anyone. Exceptions may occur where:

  • CCH believes in good faith that you have consented
  • A law enforcement agency, or other government agency, is exercising its legal authority and has asked CCH to provide access to that information
  • CCH discloses anonymous, aggregated, statistical information to non-CCH third parties such as advertisers, promoters and partners

Also, CCH Australia, in conjunction with 3rd parties, handles the mailing of any products or product updates. The outsourcing of this activity involves the disclosure of your name and address to 3rd parties, and which product or service you have acquired. We have taken all steps to ensure that 3rd parties deal with personal information according to the same standards we subscribe to.

Right of access

You have a right to access the personal information we store about you. If you find that this information is inaccurate, incomplete or out-of-date, then we will correct it. If you wish to access your information, then please write to us (see contact details on following page).

At your request we will provide you with additional information about the way our organisation manages the personal information it holds. If you have any concerns about this handling process, please express them to us in writing.

To help us deal with your request within a reasonable period of time, we will need to verify your identity. To this end, please include in your letter the following information:

  • Your name
  • The name of your organisation
  • The subject matter of concern.

CCH Australia Web Privacy Policy

CCH Australia Limited (CCH) is committed to protecting the privacy of the users of its web sites whether those users are customers of CCH or not. CCH is bound by the Federal Privacy Act and is subject to the Australian Privacy Principles included therein.

CCH strives to provide you with a personalised web experience that delivers relevant information, publications and services to you in the most efficient way. To this end, CCH collects certain information during the optional web site registration process and during your use of the CCH web sites.

What information is collected by CCH?

CCH collects information from and about the users of the CCH web sites in several different ways which are explained below.

Information collected during the registration process

During the CCH once-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 the CCH web sites (optional), your CCH ship-to number (optional), your areas of interest for the CCH daily email alerting service (optional), the type of information to be included in those email alerts, your username and password.

You do not need to complete the registration process to use the CCH web sites or to purchase goods from CCH. However, if you do not complete the registration process, then you will not have access to the free CCH Web Guide reviews and links to online information, news and events in your area(s) of interest, the opt-in CCH daily email alerting service or a range of other free services.

Information collected during the purchase process

When you purchase goods from CCH online, we need to know your username and 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 (eg AMEX, Visa), credit card number and credit card expiry date. This allows us to process and fulfill your purchase requests and to notify you of your purchase status. If you do not supply all this information, then CCH cannot process your payment, deliver your goods or notify you of the status of your purchase request.

Information collected by the CCH web servers

When you look at the CCH web sites, the CCH 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 (eg 123.246.123.246) and/or fully qualified domain name (eg www.cch.com.au);
  • the date and time of your visit to the site;
  • the web pages which you accessed, the files you downloaded and the sizes of those pages/files;
  • if you followed a link to the CCH web site (eg from a search engine), the name of the previous web page and the name of the web site you visited;
  • the type and version of your web (eg MS Internet Explorer, Firefox or Chrome);
  • the name of your operating system (eg Windows 7 or 8, Apple or Linux);
  • the protocols used (eg http, https, ftp).

Search terms

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

Cookies

A cookie is some textual information which a web server sends to your web browser. Your web browser usually stores this information somewhere on your computer’s hard disk. The web server may retrieve this information from your web browser whenever a web page is sent to you.

The CCH 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 CCH web pages which you visit while you are using the CCH web sites. The CCH cookie contains an organisation identity number (if any), user type, group identity number (if any), user identity number and the browser session identity number.

Your web browser must have cookies enabled for you to be able to use the CCH web sites.

What information is collected by others?

When you look at the CCH web sites, CCH’s Internet Service Provider (ISP) and your Internet Service Provider may also make a record of your visit and collect some or all of the same, or similar, information as the CCH web sites (see above).

The CCH web site works with a third party site that collects anonymous traffic data at this site 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 identifying information from any source.

When you follow a link from the CCH 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 the CCH web sites (see above).

The CCH web sites do not currently use any third-party advertisement service(s) for the serving and/or targeting of advertisements, promotions or other marketing information.

The information collected by any of the third parties noted above is not subject to this privacy policy. It should be noted that CCH has no control over, and does not accept any responsibility for, the privacy and information collection practices of these third parties.

How CCH protects your information

To protect the privacy of your information, CCH has appointed a Privacy Officer to monitor our compliance with the various privacy obligations imposed by law as well as those which we voluntarily undertake.

Whenever you register or purchase goods or services from CCH web sites, CCH uses current technology to encrypt the information. This ensures that the information sent to and from our secure web server from/to your personal computer is for your eyes only.

Online access to your information, products and services is protected by your CCH username and password which must be provided before you can gain access to your information, products and services. You should remember that it is your responsibility to you to keep your username and password secret so that they cannot be used by anyone else.

All collected information is stored on servers. CCH believes that this information can only be accessed by you and by authorised CCH staff and service providers.

CCH also uses state-of-the-art hardware and software measures to protect the information which it collects from you from misuse, loss, unauthorised access, modification or disclosure.

Use of information collected by CCH

Information collected during the registration process 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 CCH web pages which you visit while you are using the CCH web sites.

Information collected during purchasing process allows us to process and fulfill your purchase requests and to notify you of your purchase status. If you do not supply all of this information, then CCH cannot process your payment, deliver your goods or notify you of the status of your purchase request.

Information which is collected by the CCH web site servers is used to identify which parts of the CCH web sites are of interest to our users, for general system administration and for reporting anonymous aggregate information to our advertisers and partners. Information collected during the process of responding to a request for services will be used in providing those services to you.

Access to information collected by CCH

CCH will not willfully provide any of the personally identifying information which it has collected about you, or otherwise give access to any of that personally identifying information, to any unrelated third party except where CCH believes in good faith:

  1. that you have consented; or
  2. that the information is required to help identify any abuse or attempt to abuse or compromise the integrity or security of the CCH web sites or any web sites connected to them; or
  3. that a law enforcement agency, or other government agency, is exercising its legal authority to require CCH to provide access to that information.

However, CCH may disclose anonymous, aggregated, statistical information to non-CCH third parties such as advertisers, promoters and partners.

Where services requested by you are performed by a related entity of CCH then your information relevant to the request will be provided to that entity.

Cross Border Transfer of Data

In some instances there may be the transmission of personal information to related entities overseas, for example, in the United States of America. CCH requires that its related entities treat personal information supplied to them by CCH in accordance with this privacy policy and Australian privacy law.

Personal information may also be transferred to other countries for processing, storage or support services. By using the services you consent to the transfer of information to other countries such as India, Indonesia, Malaysia, Philippines or the United States for processing or data storage. These countries may have different data protection rules. If your information is transferred outside Australia we will take steps to protect your personal information in a manner consistent with Australian privacy law.

How to correct information collected by CCH

Most of the information which you have provided to CCH while registering to use the CCH web sites 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 CCH daily email alerting service profile.

In the event that you wish to change other information which you have supplied to CCH online (eg while purchasing goods from CCH), you should contact CCH Customer Support (see “Contact details” below).

Anonymity

In accordance with the Australian Privacy Principle which provides that you should have the option to remain anonymous whenever it is lawful and practicable to do so when dealing with a business, it is possible for you to browse the CCH web sites to a limited extent without providing any personally identifying information.

CCH complaints procedures

We value our customers and will take all reasonable precautions to prevent unauthorised access to any personal information entrusted to us. If you have any concerns on this issue, please contact us in writing with the verification of identity information listed above. On receipt of your letter, CCH will:

  • Acknowledge your correspondence within five working days of receipt
  • Provide a substantive response to the correspondence within two working weeks for routine enquiries
  • Keep you informed of progress for more complex enquiries requiring investigation
  • Include in our responses details of the name and contact telephone number of the person responsible for the matter.

Contact details

If you have any questions or complaints concerning this privacy policy or the information collection practices of CCH, you can contact the CCH Privacy Officer by:

  • mail – The Privacy Officer, CCH Australia Limited, GPO Box 4072, Sydney, NSW 2001;
  • email – privacy@cch.com.au;
  • telephone – (02) 9857 1300

If you have any non-privacy-related inquiries, you can contact CCH Customer Support by:

  • email – support@cch.com.au;
  • telephone – 1300 300 224 (from anywhere in Australia for the cost of a local call)

Understanding the Last Review Date on CCH commentary

The Last Review Date (LRD) reflects the last date the commentary was reviewed. The LRD is updated when we have reviewed the paragraph for currency and either amended the content because a change was necessary, or determined that it reflects the current law and therefore does not need changing.

If the LRD is not current, any substantial changes affecting the commentary will be identified in the New Developments/Latest Developments or Warning Box to that paragraph.

Other CCH Australia Policies

Terms of Service

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this site, you signify your assent to these terms of use. If you do not agree to these terms of use please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of CCH Australia Limited following the posting of changes to these terms (including the CCH Australia Limited Privacy Policy) will mean you accept those changes.

 

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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.