Privacy Policy
Our Philosophy
Enterprise Legal (Qld) Trading Pty Ltd ACN 621 481 507 trading as ‘Better Lawyers Group’ (we or us) is committed to protecting and respecting your privacy by handling all personal information securely and with care, in accordance with the Australian Privacy Principles (the APPs) as set out in the Privacy Act 1988 (Cth) (the Act). The APPs regulate the manner in which personal information is collected, used, disclosed, stored, accessed, corrected and disposed of.
We have adopted this Privacy Policy to ensure that we comply with the APPs. The Policy provides an overview of the types of information held by us, as well as our information handling practices, procedures, and systems.
Please read the Policy carefully to ensure that you understand our practices regarding the management of any information you disclose to us.
What is 'Personal Information' and 'Sensitive Information'?
‘Personal Information’ is any information or an opinion about you that identifies you or that could reasonably identify you. This could include information such as your name, contact detail, date of birth or employment details.
‘Sensitive Information’ is any information or opinion about you which is health information or which relates to your racial or ethnic origin, political opinion, religious beliefs, sexual orientation or criminal record. The APPs place more stringent obligations on us when we handle your sensitive information.
What information do we collect?
The Personal Information and Sensitive Information that you disclose to us or which we obtain from third parties enables us to provide legal advice to you. We will only collect and retain information that is reasonably necessary for the performance of our activities and functions so that we are able to provide you with the services you require or which we recommend to you.
The kinds of Personal Information and Sensitive Information we collect and hold depends on the specific services provided to you, but will generally include basic personal contact information, as well as other information that is deemed relevant. This will usually include the following:
- your contact details (name, postal address, email address, etc.);
- your personal details (date of birth, gender, cultural identity, socio-economic status, etc.);
- your health information and medical history;
- information on personal issues, experiences and relationships; and
- your family background and community supports (which can include Personal Information and Sensitive Information of third parties).
If you do not provide us with the required information, we may not be able to perform the services which you require us to provide.
How we collect and hold Personal and Sensitive Information
During the course of providing our services to you, we will collect Personal Information and Sensitive Information from you by asking you verbally for that information, or requiring you to complete forms or documents necessary to enable us to provide you with our services.
We will often be provided with your Personal Information and Sensitive Information from other solicitors, brokers, agents, referrers or other third parties.
We will take reasonable steps to store information in a secure manner, protected by a combination of physical and technical measures. Information that we store in hard copy, is stored securely within a locked filing cabinet. Information that we store electronically, is stored in a secure cloud-based facility with two-factor authentication, which is password protected and kept secure at all times.
We will take all reasonable steps to protect the security of your Personal Information and Sensitive Information held by us. This includes appropriate technology to protect your Personal Information and Sensitive Information stored electronically, such as passwords, as well as limiting the number of personnel who have access to your Personal Information and Sensitive Information, whether stored electronically or in hard copy.
To limit the possibility of human error, we will regularly provide training to our staff regarding the collection, storage and handling of your Information.
When we no longer require your Personal Information and Sensitive Information, it will be destroyed or permanently de-identified. However, we will retain information for as long as the law requires.
What happens if there is a data breach?
A data breach is when Personal Information and/or Sensitive Information held by us is lost or subjected to unauthorised access, modification, disclosure, or other misuse or interference. Examples of a data breach are when a device containing personal information of clients is lost or stolen, an entity’s database containing personal information is hacked or an entity mistakenly provides personal information to the wrong person. A ‘data breach’ may also constitute a breach of the Privacy Act, however this will depend on whether the circumstances giving rise to the data breach also constitute a breach of one or more of the APPs.
We have a data breach response plan. Our actions in the first 24 hours after discovering a data breach are crucial to the success of our response. A quick response can substantially decrease the impact on the affected individuals.
However, despite our reasonable efforts, we cannot guarantee that the security of your Personal Information and Sensitive Information will not be breached. Therefore, to the fullest extent permitted by law, we disclaim all liability and responsibility for any damage you may suffer due to a data breach, except to the extent that our liability cannot be excluded by applicable laws and regulations which we are subject to.
Third Party Personal and Sensitive Information
We may ask you for Personal Information and Sensitive Information about other individuals, for example, your family members. If you provide us with this information, we rely on you to tell those individuals that you are giving their Personal Information and Sensitive Information to us, and to make them aware of this Policy.
How we use your Personal and Sensitive Information
We may use your Personal Information and Sensitive Information for the following purposes:
- to confirm your identity;
- to provide you with legal advice and ancillary services;
- to contact you directly about your services;
- to share it with our related entities, subsidiaries or other specialist providers as required to perform functions on our behalf;
- for other purposes communicated to you when your information is collected;
- for disclosures required by law, regulation or court order; and
- to conduct internal client research and assessment.
This includes us using this information to communicate with you about our services, for internal administration, direct marketing and planning purposes. We will also use your personal information for purposes related to those described above which would be reasonably expected by you. You may request not to receive direct marketing communication from us.
We will not use your Personal Information and Sensitive Information for purposes other than those described above, unless we have your consent, or there are specified law enforcement or public health and safety reasons (as permitted under the Act).
Transfer of Personal and Sensitive Information
We may outsource business functions to other organisations and as such, it is possible that your Personal Information and Sensitive Information will, as required from time to time, be disclosed or transferred to other organisations to allow them to assist us to provide you with services.
It is very unlikely that we will disclose your Personal Information and Sensitive Information to overseas recipients. If we transfer your Personal Information outside Australia, we may endeavour to comply with the requirements of the Act that relate to transborder data flows, but we cannot guarantee compliance and you specifically agree that you understand this. Therefore, to the fullest extent permitted by law, we disclaim all liability and responsibility for any damage you may suffer due to our non-compliance with APP 8.1, except to the extent that our liability cannot be excluded by applicable laws and regulations which we are subject to.
You should also be aware that:
- any overseas recipient may not be subject to any privacy obligations or to any principles similar to the APPs;
- you may not be able to seek redress in the overseas jurisdiction; and
- any overseas recipient may be subject to a foreign law that could compel the disclosure of personal information to a third party, such as an overseas authority.
While we will not directly disclose your Personal Information and Sensitive Information to overseas recipients without your consent, the entities to which we may disclose your Personal Information and Sensitive Information may do so. We are unable to say what countries, if any, those recipients are likely to be located in.
Changes to this Privacy Policy
This Privacy Policy discloses our current privacy practices. From time to time and in line with client expectations and legislative changes, this Privacy Policy will be reviewed, and, if appropriate, updated at any time without notice. We will endeavour to provide you with notice of the changes as soon as reasonably practicable to do so.
How to change or access the information we hold about you
We will take reasonable steps to ensure that any Personal Information or Sensitive Information that we collect, use, store or disclose, is relevant, accurate, complete and up-to-date. If you believe the information we hold is inaccurate, incorrect, or incomplete, you may request that your information be corrected and we can then take reasonable steps to correct this information.
Please contact our Privacy Officer (details below) to access or request updates to any Personal Information and/or Sensitive Information which we hold.
Cookies and web beacons
If you are accessing this Privacy Policy via our website (the Site), we may use cookies on the Site from time to time. Cookies are small text files created by a website and stored in your computer, which recognize and track your preferences. Cookies, on their own, will not provide us with your email address or other personally identifiable information. However, cookies allow third parties, such as Google, Facebook and Instagram, to cause our advertisements to appear on your social media and online media feeds as part of our online marketing campaigns. If and when you choose to provide the Site with personal information, this information may be linked to the data stored in the cookie. If you do not wish to have cookies placed on your computer, please set your browser preferences to reject all cookies before accessing our website.
If you are accessing this Privacy Policy via the Site, we may use web beacons on the Site from time to time. Web beacons (also known as Clear GIFs) are often a transparent graphic image that is placed on a website or in an email that is used to monitor your behaviour. For example, web beacons can be used to count the number of users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.
Links to other websites
If you are accessing this Privacy Policy via the Site, the Site may contain links to other third party websites. We have no control over those websites and we are in no way responsible for the protection and privacy of any personal information you provide whilst visiting those third party websites. Those websites will not be governed by this Privacy Policy and we recommend that you seek out their privacy policy when redirected to a third party website to ensure that you are aware of how they may use your personal information.
Complaints
If you have a complaint about the way we have dealt with your Personal Information or Sensitive Information, or about this Policy itself, we invite you to provide written details of your complaint to our Privacy Officer (contact details below).
Our Privacy Officer will contact you within 14 days of the date we receive the written details of your complaint to acknowledge that we have received it. Our Privacy Officer will then:
- review the way we dealt with your Personal Information and/or Sensitive Information;
- conduct an internal investigation (if necessary) into how your Personal Information and/or Sensitive Information came to be handled in the way that it was; and
- provide a report to you within one month of the date we acknowledged receipt of your complaint.
If you believe we have breached the APPs, you may also lodge a complaint with the Office of the Australian Information Commissioner.
Contact us
Should you have any queries, complaints or comments about this Privacy Policy, please contact our Privacy Officer in writing by post or email at:
POST:
Attention: The Privacy Officer
Enterprise Legal (Qld) Trading Pty Ltd ACN 621 481 507 trading as ‘Better Lawyers Group’
PO BOX 817
TOOWOOMBA QLD 4350
EMAIL:
Terms & Conditions
Thank you for visiting betterlawyersgroup.com.au (the Site) (which may be available through other addresses or channels), which is owned by Enterprise Legal Trading Pty Ltd ACN 621 481 507 trading as Better Lawyers Group (BLG/EL/we/us/our).
These terms and conditions create a contract between Better Lawyers Group and the person who accesses or views this Site (you) (which includes, in the case of a minor (as per the age of majority in the jurisdiction in which they reside) (a Minor), their legal parent or guardian) (the Agreement). Please read the Agreement carefully.
The Agreement applies to the access to and/or the use of the Site and the use of the information services and content provided through this Site. By accessing and using this Site, you are agreeing to comply with and be bound by the terms of the Agreement. If you do not agree to the terms of the Agreement, you must immediately cease using the Site and may not access or use the Site or the services which we provide.
1. The Content
1.1 The ‘Content’ is, collectively and severally, articles, legal services information, individual staff profiles, client and payment portal and any services, advice, goods, products, content, ratings, opinions and features made available or advertised through the Site.
1.2 Any third party who contributes to or provides the Content or who is otherwise associated with Better Lawyers Group or appears on the Site has represented to Better Lawyers Group that they are professionals with appropriate expertise and experience, however Better Lawyers Group makes no warranty or guarantee that the third party is appropriately qualified or experienced.
1.3 Any Content provided should not be considered to be professional advice and we strongly recommend that you engage appropriate professional advisors prior to acting on the information in any Content.
1.4 No third-party providers that may appear on our Site or in the Content are employed by us, nor do we endorse or recommend any third party provider.
1.5 Better Lawyers Group grants to you, and you accept, a non-exclusive, non-transferable, limited licence for you to use the Content strictly in accordance with this Agreement.
1.6 The licence provided under this Agreement is personal to you and you must not re-sell, sub-license, rent, lease or otherwise distribute the Content. All other rights in respect of the Content is reserved to us.
1.7 You may only use the Content for personal, non-commercial purposes.
1.8 The Content is not comprehensive and is for general information purposes only. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
1.9 To use our Site and/or the Content, you need compatible hardware, software (latest version recommended and sometimes required) and internet access (fees may apply). Our Site’s performance may be affected by these factors.
1.10 You acknowledge that the terms of agreement with your respective internet and/or mobile network provider (Network Provider) will continue to apply when using the Services. As a result, you may be charged by the Network Provider for access to network connection services for the duration of the connection while accessing the Site or any such third party charges as may arise. You accept responsibility for any such charges that arise. If you are not the bill payer for the mobile telephone or device being used to access the Site, you will be assumed to have received permission from the bill payer.
1.11 Your right to use the Site is subject to your ongoing compliance with all provisions of this Agreement.
1.12 If you are the legal parent or guardian of a Minor, you are responsible for and liable for ensuring that the Minor complies with all provisions of this Agreement, as if they were named as you in it.
1.13 Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
1.14 We may add to, alter, change, temporarily suspend or withdraw partially or completely any parts of the Site and/or the Content at any time without notice to you, in our sole discretion.
2. Additional Limitations of Liability
2.1 You acknowledge that Better Lawyers Group has not made any representations or warranties as to any information contained in the Content or on the Site and such information is not to be misconstrued by You as legal advice. Should you require legal advice, you should seek out that advice from a professional. Further, Better Lawyers Group makes no warranty or guarantee as to and will not be responsible for any misrepresentation of the accuracy of the information contained in the Content and on the Site.
1.2 The following limitations of liability apply:
(1) you acknowledge and agree that Better Lawyers Group will not be liable to you or any other persons for:
(a) any loss or damage of any kind that is directly or indirectly caused by or results from your use of the Content and/or the Site; or
(b) any direct, incidental, special or consequential damages, including loss or profits or anticipated profits, even if notified of the possibility of that potential loss or damage;
(2) you release Better Lawyers Group from any liability or claims including, but not limited to:
(a) any personal injury, illness or death caused to you or any other person; and
(b) any breach of Better Lawyers Group’s obligations;
(3) Better Lawyers Group does not represent or guarantee that the Site or the Content will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and you hereby release Better Lawyers Group from any liability relating thereto;
(4) you assume full responsibility for backing-up and/or otherwise protecting your data in the Site against loss, damage or destruction; and
(5) Better Lawyers Group is not responsible for data charges you may incur in connection with your use of the Site or the Content.
2.3 You acknowledge and agree that this Agreement’s limitations of liability in clause 2.2 are essential to Better Lawyers Group and Better Lawyers Group would not have entered into this Agreement in their absence.
2.4 You indemnify Better Lawyers Group for:
(1) all losses and expenses we incur (including legal costs on an indemnity basis); and
(2) all liabilities we incur;
directly or indirectly caused by, or resulting from any breach of this Agreement or from any wrongful, wilful or negligent act or omission by you.
2.5 Any representation, warranty, condition or undertaking that would be implied in this Agreement by legislation, common law, equity, trade, custom or usage is excluded to the fullest extent permitted by law.
2.6 Despite clauses 2.1 and 2.4, nothing in this Agreement excludes, restricts or modifies any condition, warranty, right or remedy conferred on you by the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement.
2.7 To the fullest extent permitted by law, our liability for a breach of a non-excludable condition or warranty is limited to, at our option:
(1) the supply of the Content provided for under this Agreement; or
(2) the payment of the cost of having the content supplied again.
3. Intellectual Property
3.1 You agree that the Site, including but not limited to the Content, graphics, user interface, audio clips, video clips, editorial content, articles and photographs and the scripts and software used to implement the Site or the Content contain proprietary information and material that is owned by Better Lawyers Group and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Site or the Content for personal, non-commercial uses in compliance with this Agreement.
3.2 No portion of the Content may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, or distribute the Content in any manner, and you shall not exploit the Content in any manner not expressly authorised. This clause does not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded.
3.3 If you believe that any Content available through the Site infringes the copyright claimed by you, please contact Better Lawyers Group.
4. General Provisions
4.1 We may vary, alter or amend these Terms and Conditions at any time, without providing you with specific notice. Each time you use the Site or the Content, you are deemed to accept the then-current Terms and Conditions.
4.2 You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Site and/or the Content. Your use of the Site and/or the Content may also be subject to other laws.
4.3 You hereby grant Better Lawyers Group the right to take steps Better Lawyers Group believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Better Lawyers Group has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as Better Lawyers Group believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Better Lawyers Group’s right to cooperate with any legal process relating to your use of the Site and/or the Content, and/or a third-party claim that your use of the Site and/or the Content is unlawful and/or infringes such third party's rights).
4.4 A party waives a right under this Agreement only if it does so in writing. We do not waive a right simply because we fail to exercise the right, we delay exercising the right or only exercise part of the right. A waiver of one breach of a term of this Agreement does not operate as a waiver of another breach of the same term or any other term.
4.5 If a provision in this Agreement is wholly or partly invalid or unenforceable in any jurisdiction, that provision or the part of the provision that is invalid or enforceable must, to that extent, and in that jurisdiction, be treated as deleted from this Agreement. This does not affect the validity or enforceability of the remaining provisions in that jurisdiction, or of the deleted provision in any other jurisdiction.
4.6 We may assign or otherwise deal with the benefit of any contract made pursuant to this Agreement without your consent.
4.7 Better Lawyers Group may subcontract with one or more affiliates or third parties to provide any service required to be provided by Better Lawyers Group under this Agreement, provided that no such use of subcontractors shall relieve Better Lawyers Group of its obligations under this Agreement.
4.8 You may not assign your rights and obligations under this Agreement under any circumstances without first obtaining our written consent to do so. Any purported assignment not undertaken in accordance with this clause will be invalid.
4.9 All contracts made between us and you shall be governed by and construed in accordance with the laws of the State of Queensland. You agree to submit to the exclusive jurisdiction of the Queensland courts for all purposes of or in connection with such contracts.