Privacy Policy

Privacy Policy

Spruson

 

  1. Overview

 This Privacy Policy contains the following sections:

  1. Overview
  2. Application of this Privacy Policy
  3. Compliance with legal obligations
  4. Obtaining a copy of this Privacy Policy
  5. What is Personal Information?
  6. From whom do we collect Personal Information?
  7. What kind of Personal Information do we collect and hold?
  8. Sensitive Information
  9. Collection of Personal Information from Employees and Contractors
  10. Collection of your Personal Information
  11. Providing third party Personal Information to us
  12. Remaining anonymous
  13. Social Media and public sources
  14. Information about users of our websites
  15. Cookies
  16. Why we collect Personal Information
  17. How we use your Personal Information
  18. Marketing and Consent
  19. Disclosure and use of your Personal Information within the IPH Group
  20. Disclosure and use of your Personal Information to and by third parties
  21. Other permitted disclosures
  22. Cross-border disclosure of your Personal Information
  23. Security and accuracy
  24. Third party websites
  25. Personal Information that is no longer required
  26. Accessing and updating your information
  27. When we will not provide you with access to Personal Information
  28. Contact Details
  29. Complaints
  30. Changes to this Privacy Policy
  1. Application of this Privacy Policy

IPH Limited (ABN 49 169 015 838) is the holding company for a number of intellectual property professional services firms operating under different brands (each an “IPH Service Firm”) and certain adjacent businesses. Certain IPH Service Firms also offer their services in some countries in collaboration with and with assistance by allied professional services firms with which they have exclusive contractual arrangements (each an “Alliance Firm”). The entities comprising the IPH Service Firms, Alliance Firms and the IPH adjacent businesses are in this Policy referred to together as members of the “IPH Group”.

Spruson & Ferguson and it related bodies corporate (as the term is defined in Corporations Act 2001 (Cth)) are members of the IPH Group.

This Privacy Policy applies to Spruson & Ferguson and all IPH Group members (collectively “we”, “us” or “our”).

This Privacy Policy explains how we collect, use, manage and disclose Personal Information, and how you can contact us if you have queries about our management of your Personal Information.

The Privacy Policy applies to all Personal Information submitted to or collected by us. By engaging us to provide professional services or submitting Personal Information to us, you accept the terms of this Privacy Policy, and consent to our use, collection, disclosure and retention of Personal Information as described in this Privacy Policy.

If you do not agree to any provisions in this Privacy Policy, you should not disclose any Personal Information to us.

  1. Compliance with legal obligations

We respect the privacy of all individuals who provide Personal Information to us. We operate in multiple jurisdictions, currently including Australia, New Zealand, Singapore, Malaysia, Indonesia, Thailand, Hong Kong and China. The IPH Group members operating in those jurisdictions are bound by the respective privacy and personal data protection legislation in those jurisdictions. For such IPH Group members, where a requirement of any applicable legislation in the relevant country is inconsistent with this Privacy Policy, that legislative requirement will apply. Any IPH Group member operating in Australia is bound to comply with the Australian Privacy Principles and the Australian Privacy Act 1988 (Cth) relating to Personal Information.

We have appointed a Privacy Officer to oversee the management of Personal Information in accordance with this Privacy Policy and, with respect to our Australian businesses, the Privacy Act 1988 (Cth).

  1. Obtaining a copy of this Privacy Policy

You are welcome to print or download this Privacy Policy at any time. If you would like a hard copy of this Privacy Policy, or if you would like us to email or mail you a copy of this Privacy Policy you can contact us and request a copy.

  1. What is Personal Information?

 “Personal Information” is information or an opinion, whether true or not, and whether recorded in a material form or not, about an individual, or about an individual who is reasonably identifiable.

  1. From whom do we collect Personal Information?

In the course of operating our business we may collect Personal Information from:

  • web users;
  • persons who seek products or services from us;
  • clients (which may include our business associates) and their personnel;
  • share registries;
  • other members of the IPH Group (where permitted under this Policy);
  • suppliers and providers of services to us and other business associates, including without limitation contractors and potential contractors; and
  • employees, potential employees and work experience persons.

 

  1. What kind of Personal Information do we collect and hold?

In the course of our relationship with you, we are likely to collect a wide range of Personal Information about you. The type of Personal Information that we may collect will depend on our relationship with you, and the circumstances of collection. In general, the Personal Information we collect about you may include (but is not limited to):

  • your first and last names;
  • your date and place of birth;
  • your phone number, facsimile number, residential address and email address;
  • bank account details and credit / debit card details;
  • any information or comments provided by you;
  • any facts or opinions that are connected to an enquiry regarding your Personal Information that we are conducting on behalf of you or your organisation;
  • reference details of you or your organisation related to the services we provide to you; and
  • details about your use of our website through the use of cookies.

 

In the course of offering or providing services to you, we may also collect copies of identification documents for example driver’s licences, birth certificates and /or passports you have provided to us.

  1. Sensitive Information

In respect of website users, suppliers, business associates, clients and potential clients, we do not generally collect “sensitive information” as defined by the Privacy Act 1988 (Cth) (such as information about ethnic origin, religious or political views, health information, tax file numbers etc.).

We only collect sensitive information reasonably necessary for one or more of the uses specified in section 17 of this Privacy Policy if:

  • we have the consent of the individuals to whom the sensitive information relates; or
  • the collection is necessary to lessen or prevent a serious threat to life, health or safety; or
  • the information is required for another legal reason provided for under applicable privacy legislation, including in Australia the Privacy Act 1988 (Cth)) or other applicable legislation.

 

  1. Collection of Personal Information from Employees and Contractors

In respect of current and potential employees, contractors and work experience persons we may collect additional personal information including, but not limited to, personal resumes, third party references, bank details, superannuation details, tax file numbers, certain health information, emergency contact details and other employee or contractor records. We may also conduct criminal checks on individuals who commence employment or have a contracting arrangement with us. The results of such checks are held on our employee or contractor files for the duration of the employment, engagement or service, and after such relationship ceases, as needed.

  1. Collection of your Personal Information

How we collect Personal Information will largely depend upon whose information we are collecting. We collect Personal Information directly from the individual concerned whenever reasonably practicable. We may also collect Personal Information about you from a variety of other independent sources, including from publicly available sources, recruitment agencies, contractors and business partners. Where information is not obtained directly from the individual concerned, we obtain Personal Information in accordance with legal requirements. We may collect your Personal Information in a range of circumstances including, without limitation, when you deal with us in the following manner:

  • have a face to face meeting with our staff and/or officers;
  • attend our presentations;
  • attend conferences or events;
  • e-mail us or execute a “contact form” to obtain a brochure containing more information about our services;
  • request to receive a newsletter or other information from us;
  • use the website of a member of the IPH Group;
  • provide a product or service to us;
  • obtain a product or service from us;
  • complete a survey or questionnaire;
  • communicate with us by e-mail, telephone or in writing (for example if you contact us to seek information, make a complaint or provide feedback);
  • apply for work experience with us;
  • apply for employment with us;
  • accept an offer of employment; or
  • enter into a contract with us.

 

  1. Providing third party Personal Information to us

If, at any time, you provide us with Personal Information or other information about someone other than yourself, you warrant to us that you have that person’s consent, including where applicable any necessary consent under section 22, to provide such information for the purpose specified and for us to treat such information in accordance with this Privacy Policy.

  1. Remaining anonymous

You have the option of remaining anonymous when dealing with us in relation to a particular matter, or not disclosing Personal Information to us. However, this may mean that we will not be able to provide our services or respond to you in light of the nature of our business.

  1. Social Media and public sources

There may also be occasions when we collect Personal Information (to the extent it is available) from publicly available sources, including newspapers and social media platforms such as LinkedIn, Facebook and Twitter. Sometimes, we may provide content and services on a range of platforms (including social media networks) with interactive features to which you may contribute. If you post your Personal Information in publicly accessible places or social media platforms, your Personal Information will become publicly available (subject to, where applicable, any privacy settings you have in place in social media platforms). We will not be responsible for the protection of Personal Information you choose to publish this way.

  1. Information about users of our websites

Our Internet Service Providers record certain statistical information about users of our websites. This information is reviewed by us for statistical purposes and is not disclosed to third parties. We do not identify you or your browsing activities except, in the event of an investigation, where a law enforcement agency may exercise a warrant or other such power to inspect the internet service provider’s server logs.

  1. Cookies

A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use cookies on our websites to identify repeat viewers and make it easier for you to navigate our site. If you reject cookies, you may still use our site, but your ability to use some features of our site may be limited.

  1. Why we collect Personal Information

The primary purpose for which we collect Personal Information about you is to establish your identity and to provide you with products and services you have requested. We also collect information about you for the purposes outlined below in section 17 of this Privacy Policy.

We may state a more specific purpose at the point we collect your information. If you do not provide us with the information that we request, we may not be able to provide you with our products or services.

In certain circumstances we may need to collect personal and sensitive information in order to comply with our legal obligations, such as anti-money laundering and counter-terrorism financing laws, for example, under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth). If you do not provide us with the information we request, we will not be able to provide you with our products or services.

  1. How we use your Personal Information

Our uses of Personal Information include but are not limited to:

  • establishing your identity;
  • communicating with you, including by email, mail or telephone;
  • managing our relationship with you;
  • advising you in relation to intellectual property, legal and related matters;
  • filing, prosecuting and maintaining applications for statutory protection of intellectual property including patent, design, trade mark and domain name applications and registrations in Australia and overseas and engaging third parties to do so;
  • conducting patent and trade mark opposition proceedings before the patent and trade mark offices and regulators in Australia and other jurisdictions;
  • providing other professional services including advice with respect to litigation, dispute resolution services, appeals, commercial and regulatory legal advice, and intellectual property watches and searches;
  • providing you with updates, offers or proposals in relation to your matters, products and services that may be of interest to you;
  • sending regular newsletters (and other correspondence) concerning developments in the field of intellectual property and other areas that may be of interest to you;
  • sending marketing and promotional material that we believe may interest you;
  • for purposes necessary or incidental to the provision of goods and services to you;
  • inviting you to events and functions;
  • personalising and customising your experiences;
  • managing and enhancing our products and services;
  • investigating complaints made by you;
  • to comply with legal requirements; and
  • in the case of employees and contractors:
    • to pay your wages, fees and employee & contractor entitlements;
    • conduct criminal checks and confirm your immigration status and right to work; and
    • to manage your relationship with us.

We may also use your Personal Information for purposes authorised by applicable laws or regulations, such as to prevent or investigate alleged crime or fraud.

  1. Marketing and Consent

By supplying us with your Personal Information, you give us permission to use your Personal Information and to disclose your Personal Information to members of the IPH Group and organisations that carry out functions (including marketing functions) on our behalf, or assist us to deliver our services, such as our business associates, contractors, agents or service providers, so that we can assess your likely needs, and contact you from time to time.

We may contact you to inform you about laws and developments in the field of intellectual property and other products, services, events and resources we think would be of particular interest to you. The permission you provide to us is not limited in time. You can however elect to opt out of receiving correspondence and other marketing materials from us by:

  • contacting us using the contact information provided below in section 29 of this Privacy Policy; or
  • by utilising an ‘unsubscribe’ facility on a communication we send to you.

 

If you contact us and opt out of receiving further communications from us we will take steps to ensure you do not receive any such further information from us in future. Recipients of our newsletters and other correspondence may notify us at any time should they wish to discontinue receipt of emails and other communications from us.

  1. Disclosure and use of your Personal Information within the IPH Group

Personal Information is disclosed and used by us to enable us to provide services to you and for the other purposes identified above.

The Personal Information that we hold is generally kept confidential. However, we may receive and disclose Personal Information from or to other members of the IPH Group, including entities located in various jurisdictions, including in Australia, New Zealand, Singapore, Malaysia, Indonesia, Thailand, Hong Kong and China.

All disclosure of information by us is subject to compliance with all legal requirements including but not limited to, for Australia and New Zealand, the Code of Conduct for Patent and Trade Marks Attorneys 2013 issued by the Trans Tasman Intellectual Property Advisory Board, other applicable legislation governing the conduct of our attorneys and professionals in other jurisdictions in which we conduct our businesses, and other IPH Limited group information sharing and conflicts of interest policies.

For the avoidance of doubt, whilst we may receive and disclose Personal Information from or to other members of the IPH Group, each IPH Service Firm (and where applicable its related Alliance Firm) maintains separate case management systems and no case related information is shared with another IPH Service Firm, except where such IPH Service Firm is formally engaged to provide professional IP services for the client, including as a foreign associate.

  1. Disclosure and use of your Personal Information to and by third parties

We may also be required to disclose Personal Information to certain third parties that may include:

  • governmental offices (such as IP Australia, the Intellectual Property Office of New Zealand, the Intellectual Property Office of Singapore and the IP offices of other jurisdictions);
  • courts (such as the courts of Australia and other jurisdictions);
  • government and law enforcement agencies and regulators;
  • your agents, professional advisors, auditors or insurers;
  • our financial, taxation or legal advisors;
  • agents and associates in foreign countries;
  • entities that assist or conduct mail outs on our behalf;
  • debt collection companies;
  • our clients (where information has been provided to us by someone other than our client);
  • a purchaser or successor entity in connection with the sale of our business, a subsidiary of our business, or substantially all of its assets; and
  • entities established to help identify illegal activities and prevent fraud.

 

We may disclose your Personal Information to organisations that carry out functions on our behalf, or assist us to deliver our services, such as our business associates, contractors, agents or service providers. These third parties may change from time to time. Some examples include technology and internet service providers, data storage providers, digital mail providers who send communications on our behalf and their implementation partners. We may also use graphic designers, printers and posting services to assist us with design, printing and distribution of communications.

We do not disclose Personal Information to third parties for the purpose of third party direct marketing.

We disclose Personal Information to third parties (such as agents and associates in foreign countries) when we are instructed to do so by our clients in relation to their matters in order to provide our services, or as may be required by law. You agree that, subject to any additional obligations under applicable laws, third parties who receive Personal Information from us may use and disclose the Personal Information subject to their respective privacy policies and laws applicable to them.

From time to time, we may provide third parties with information in the form of statistical representations about our users collectively and for the purpose of statistical analysis. Where we provide such information to third parties for this limited statistical purpose, we will not provide information in such a way that your identity may be obtained. To the extent this information does not constitute Personal Information (as defined in the Privacy Act 1988 (Cth) or is otherwise not governed by applicable privacy legislation in the relevant jurisdiction) the Australian Privacy Principles or other applicable privacy legislation, and this Privacy Policy, will not apply.

  1. Other permitted disclosures

We may also release your Personal Information under the following circumstances:

  • when you have consented;
  • when you would reasonably expect us to use or disclose your Personal Information in a certain way;
  • when authorised or required to do so by a court or under applicable laws or regulations (for example, a subpoena), or where requested by a government agency;
  • where we consider a company or an individual may be engaged in fraudulent activity or other deceptive practices of which a governmental agency should be made aware;
  • to appropriate persons, where your communication suggests possible harm to yourself or others; or
  • when disclosure is reasonably necessary for a law enforcement related activity.

 

  1. Cross-border disclosure of your Personal Information

We may disclose your Personal Information off-shore for various reasons, such as for the purposes of obtaining foreign legal or other intellectual property professional services in such countries; obtaining foreign intellectual property protection in such countries; or for administrative and other purposes within the IPH Group of companies to facilitate the conduct of our businesses.

The type of foreign entities to which we may disclosure your Personal Information include:

  • members of the IPH Group located in various countries, including in Australia, New Zealand, Singapore, Malaysia, Indonesia, Thailand, Hong Kong and China and any other jurisdictions in which we may operate in the future;
  • our associates, agents or other legal or professional service provider firms in foreign countries;
  • government bodies and other entities that administer intellectual property in overseas jurisdictions; and
  • our service providers located overseas, which may include technology and internet service providers, data storage providers and digital mail providers who send communications on our behalf.

 

You agree and acknowledge that the overseas recipients will be subject to the privacy law of their local jurisdiction. The overseas privacy laws are likely to be different to the Privacy Act 1988 (Cth) and the Australian Privacy Principles (or other applicable personal data protection legislation in the jurisdiction in which we operate), and you may not be able to seek redress in the overseas jurisdiction in relation to breaches of your privacy.

You acknowledge and agree to such international data and information transfers with respect to Personal Information of the nature described in this section 22.

For our Australian businesses, clause 8.1 of the Australian Privacy Principles contained in Schedule 1 of the Privacy Act 1988 (Cth) provides that if we disclose Personal Information about an individual to an overseas recipient, then we must take such steps as are reasonable in the circumstances to ensure the overseas recipient does not breach the Australian Privacy Principles in relation to such information. An exception to this is if we obtain your consent. We intend to rely on this exception in the following way. Unless you notify us in writing to the contrary, you will be taken to have consented to the disclosure by us of Personal Information to overseas recipients on the basis that:

  • clause 8.1 of the Australian Privacy Principles will not apply to such disclosure;
  • the individual whose Personal Information is disclosed will not be able to seek redress under the Privacy Act 1988 (Cth);
  • the overseas recipient may not be subject to any privacy obligations or to any principles similar to the Australian Privacy Principles;
  • the individual may not be able to seek redress in the overseas jurisdiction; and
  • the overseas recipient is subject to a foreign law that could compel the disclosure of Personal Information to a third party, such as an overseas authority.

 

Similar provisions may exist under other personal information protection legislation in jurisdictions other than Australia in which our businesses are located. If such provisions are applicable to our business holding your personal information, you acknowledge and consent to such cross-border disclosure on the basis outlined above (substituting references to the standards and remedies available under the applicable personal information protection legislation in the relevant business’ jurisdiction).

  1. Security and accuracy

We store Personal Information in a variety of formats including on databases, in hard copy files and on personal devices, including laptop computers. Personal Information is retained in secure hard copy and electronic files. Personal Information in files that have been closed and archived may be stored in our offsite storage facility. We take reasonable steps to ensure that any third parties who handle files maintained in offsite facilities (including online data storage facilities) act consistently with this Privacy Policy.

We make every effort to ensure Personal Information is kept secure and take reasonable steps to protect it from misuse, loss, interference, unauthorised access, modification or disclosure. Some of the measures implemented by us to secure Personal Information include using firewalls, standard software protection programs, password access protections and secure servers.

We regularly review these arrangements to ensure we are taking reasonable and technically feasible steps available at the time to protect your Personal Information.

However, since no system is 100% secure or error-free, we cannot guarantee that your Personal Information is totally protected, for example, from hackers, interference or misappropriation. You acknowledge that the security of online transactions and the security of communications sent by electronic means or by post cannot be guaranteed. You provide information to us via the internet or by post at your own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, your Personal Information where the security of information is not within our control.

If you suspect any misuse or loss of, or unauthorised access to, your Personal Information, please contact us immediately using the contact details set out in section 28.

  1. Third party websites

Our website may contain links to other websites. You acknowledge that we are not responsible for the privacy or security practices of any third party (including third parties to whom we are permitted to disclose your Personal Information in accordance with this Privacy Policy or any applicable laws). The collection and use of your information by such third party/ies may be subject to separate privacy and security policies.

  1. Personal Information that is no longer required

We take reasonable steps to destroy or permanently de-identify Personal Information as soon as practicable if it is no longer required by us including for record keeping or legal purposes.

  1. Accessing and updating your information

We use reasonable endeavours to ensure that the Personal Information we collect, use or disclose is accurate, complete and up-to-date. We request that you keep the information we hold about you as current as possible by advising us of any changes or inaccuracies to your Personal Information in the manner outlined below so that we may continue to improve our service to you.

Individuals are able to contact us and request further information about this Privacy Policy, request access to their Personal Information or make a request that Personal Information be corrected and/or updated. Unless we are required or permitted by law to refuse to do so, we will, on request, provide you with details of the Personal Information we have collected about you.

To obtain details of this information, or if you wish us to update your Personal Information, please contact us by e-mail at privacy@spruson.com or at privacy@iphltd.com.au, or through another method using the contact details set out below in section 28 of this Privacy Policy.

We will respond to a request for access to your Personal Information within a reasonable period after the request is made, and give you access to your Personal Information we hold in the manner requested by you, unless we are required or permitted by law to refuse to do so, if it is reasonable and practicable to do so. We may charge a fee to cover the costs of meeting your request. Where we are also required by applicable law to provide further information about use or disclosure of your personal information we will use reasonable endeavours to do so.

If we do not agree to provide you with access to, or to amend, your Personal Information as requested, we will notify you accordingly. Where appropriate, we will provide you with the reason(s) for our decision and the mechanisms available to complain about the refusal. If the rejection relates to a request to change your Personal Information you may make a statement about the requested change and we will attach this to your record.

We will update your Personal Information within a reasonable time and, generally, no later than 30 days following your request. We will inform you if this timeframe is not achievable.

  1. When we will not provide you with access to Personal Information

In some circumstances, and subject always to legal obligations to the contrary, we may not be in a position to grant access to your Personal Information, such circumstances include when:

  • providing access is, in our view, reasonably likely to pose a serious threat to the safety of an individual or the public;
  • providing access is likely to impact unreasonably on the privacy of others;
  • the request for access is frivolous or vexatious;
  • providing access would reveal information which relates to existing or anticipated legal proceedings between you and us, which information would not be accessible by the process of discovery in those proceedings;
  • providing access would impact on any negotiations between you and us;
  • providing access is unlawful (including being unlawful as directed by a court or tribunal order);
  • providing access would likely have impact on actions being taken in relation to alleged unlawful activities or misconduct relating to our functions and activities;
  • providing access would be likely to impact on any enforcement related activities conducted by any enforcement bodies; or
  • granting access would reveal evaluative information in connection with a commercially sensitive decision making process.

 

  1. Contact Details

If you would like to update or correct your Personal Information, seek access to Personal Information we hold about you, or if you have any questions or complaints about how we collect, use, disclose, manage or store your Personal Information, you can contact us via the following methods.

Company:            Spruson & Ferguson

Contact Person:   Privacy Officer

Postal Address:   Level 35, 31 Market Street, Sydney NSW 2000 Australia

152 Beach Road #37-05/06 Gateway East, Singapore 189721

Telephone:         +61 2 9393 0100

+65 6333 7200

Facsimile:           +61 2 9393 5486

+65 6333 7222

Email:                   privacy@spruson.com

 

OR

 

Company:             IPH Limited ABN 49 169 015 838

Contact Person:    Privacy Officer

Postal Address:     Level 35, 31 Market Street, Sydney NSW 2000 Australia

Telephone:           +61 2 9393 0301

Facsimile:             +61 2 9261 5486

Email:                    privacy@iphltd.com.au

  1. Complaints

If you have a problem or complaint, please let us know. We will respond to a complaint as soon as possible, but within 10 working days to let you know who is responsible for managing your complaint. We will also try to resolve the complaint within 10 working days. When this is not possible, we will contact you within that time to let you know how long it will take to resolve the complaint. With respect to Australian IPH Service Firms, if you believe that we have not adequately dealt with your complaint, you may complain to the Australian Information Commissioner, whose contact details are found on their website at http://www.oaic.gov.au/.

  1. Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes to this Privacy Policy will be published by posting an updated Privacy Policy on our website and are effective immediately upon posting on our website. Your continued use of our website and/or receipt of our services signify your continued consent to be bound by this Privacy Policy.

 This Privacy Policy was last updated on 27 October 2017

 

Please complete these details to download your free copy of our Trade Marks Guide for Australia.

Thank you for providing your information. Please click ‘Submit’ and you will then be able to download the guide by clicking the ‘Download publication in PDF’ link.
Sending