Introduction

Welcome to the Clearwill Privacy Policy (Privacy Policy). This Privacy Policy explains how we collect, store, protect, and manage your personal information. It applies to the services offered by Alexander ILP Pty Ltd trading as Clearwill (ABN 92 627 666 899) and will be referred to as we, our, us and Clearwill in this Privacy Policy in relation to clearwill.com.au (Website).

We are committed to protecting your privacy and the responsible handling of personal, sensitive and health information as defined in the Privacy Act 1988 (Commonwealth of Australia) (Privacy Act). We abide by the relevant Australian legislation and regulations including the Australian Privacy Principles contained in the Privacy Act which govern the collection, use, handling and disclosure of personal, and sensitive information.

Our policies and procedures include this Privacy Policy which form part of and is intended to be read in conjunction with our Terms and Conditions of Use. When you are using the website, we collect some information about you. This Policy has been designed to protect your privacy and to ensure that your personal information is collected, stored, disclosed and used in accordance with the Privacy Act.

By using our Website, you agree that:

• We can collect, transfer, store, dispose, disclose and use your personal information as outlined in this Privacy Policy;
• Clearwill is a website accessible from anywhere in the world, and your personal information will be sent to and used in Australia, and potentially other countries, regardless of where you are accessing the website;
• You will be bound by the terms and conditions of this Privacy Policy and the Terms and Conditions of Use; and
• You will comply with the Privacy Act, the National Privacy Principles and all other laws and regulations in Australia that protect personal and sensitive information as it may be relevant and otherwise apply in the legal profession.

We reserve the right to modify or amend this policy at any time and for any reason from time to time. Continued use of our website following any notification by way of email or notice published on the Website of any change to the Privacy Policy will indicate your acknowledgment and agreement to be bound with any updated terms and conditions of our Privacy Policy. The revised Policy will take effect upon notice of any updates.

We are not obliged to give advanced notice of any changes to these terms and conditions. It is your responsibility to check our legal documents page periodically to ensure that you are familiar with the current version of the Privacy Policy and Terms and Conditions of Use.

If you have any questions about this Privacy Policy, or wish to make a complaint, you may do so by emailing info@clearwill.com.au.

Collection of personal information

Personal information is information or opinion, in any form and whether true or not, from which an individual’s identity is apparent or may be reasonably ascertained from the information or opinion. The nature of personal information collected by us generally comprises an individual’s name and contact details (including, address, phone number, and email). This may include sensitive information which is given a higher level of protection under the Privacy Act.

Sensitive information comprises health information and information about a person’s race, ethnic origin, political opinions, membership of political, professional or trade associations, religious or philosophical beliefs, sexual preferences and criminal history. It may only be collected if you consent to it or otherwise as required by law. Unless you tell us otherwise, we shall assume that you have consented to the collection of the information that you have provide to us for use in accordance with this Privacy Policy.

Information provided by third parties may also be obtained in order for us to best provide you with our services. We will not collect personal or sensitive information unless it is necessary to provide you with our services.

Data storage

By using the website, you agree and acknowledge that Clearwill is a website, hosted in Australia, and that it may also operate from time to time through servers located in a number of countries around the world. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your home country. By submitting your personal information, you agree to the transfer of your personal information to, and storage and processing of your personal information in, any such countries and destinations.

Log and usage data

Our servers (including third party servers) automatically record information (Log and Usage Data) created by your use of the website, which again helps us to improve our service. Log and Usage Data may include information such as your IP address, browser type, the referring domain, pages visited, access times, your mobile carrier, and search terms. Other actions, such as interactions with Clearwill and advertisements, may also be included in Log and Usage Data.

Links

We may keep track of how you interact with links available on Clearwill including third party services and clients by redirecting clicks or through other means. We may share aggregate click statistics such as how many times a particular link was clicked on.

Cookies

Cookies are small pieces of data, stored in text files that are stored on your computer or other device when websites are loaded in a browser. They are widely used to remember your preferences, either for a single visit (through a ’session cookie’) or for multiple repeat visits (using a ‘persistent cookie’). They ensure a consistent and efficient experience for visitors, and perform essential functions such as allowing users to register and remain logged in. Cookies may be set by the site that you are visiting (known as ‘first party cookies’), or by other websites who serve up content on that site (‘third party cookies’).

Our Website, and our web hosting provider use cookies for a variety of different purposes, such as to collect website usage data to help us to learn how people interact with our Website, to personalise your user experience by setting preferences, or to allow the display of advertising from selected third party networks. But some aspects of our Website do not require cookies, such as searching our directory, or browsing member profile. If you do not want your activities on Clearwill to be stored, you can adjust your browser setting to block cookies.

The cookies we use are predominantly for, but not limited to analytics and research.

If you have any specific queries or questions in relation to cookies, please contact us by sending an email to info@clearwill.com.au.

How we use your information

Personal information will only be used for the purpose of providing our services. It may be required to disclose some personal information to third parties engaged by us for business purposes, such as the provision of legal services, information technology services, transaction services or online transaction services.

As a referral service, your personal information will be shared with our partner law firms for the purposes of taking your instructions.

Any third parties engage by us must comply with this Privacy Policy and are bound by contractual obligations to keep personal information confidential and use it strictly in accordance with the purpose for which it was disclosed.

Except as otherwise provided in this Privacy Policy, personal information may only be disclosed where, for example:

• You have authorised the disclosure; and
• If we reasonably believe that the use or disclosure is reasonably necessary to prevent, detect, investigate, and prosecute breaches of Australian law.

Changes to this Privacy Policy

Please be aware that we may revise this Privacy Policy from time to time to reflect changes to the services our website provides users. The most current version of the Privacy Policy will govern our use of your information and will always be able to be viewed on our website. If we make any changes to our privacy policy, which in our sole discretion is material, we will notify members via email to the email address you have provided, or otherwise via notice on our website. By continuing to access or use Clearwill, you agree to be bound by any revised Privacy Policy as soon as the current version of the Privacy Policy is published on the website.

How we protect your information

To help protect your personal information any loss, misuse, unauthorised access or disclosure, we use reasonable security measures to protect your personal information by using physical, electronic and managerial security methods, such as data encryption and server firewalls. We cannot guarantee that our Website is 100 percent secure, and it is possible that unauthorised access, hacking, data loss or other breaches may occur which we cannot control.

Complaints

If you have any concerns or complaints about the way we have dealt with your personal information, please contact us by sending an email to info@clearwill.com.au. We would appreciate the opportunity to resolve the issue with you. Otherwise, you may lodge a formal complaint with the Office of the Australian Information Commissioner with your concerns.

Effective date

The Privacy Policy was last updated on 24 May 2023.