Baton Advisory is committed to providing quality services to you. We recognise and value the protection of your personal information, and that you have an interest in our collection and use of your personal information.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au.
3. Personal Information
3.1 What is personal information and what do we collect?
Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include:
(a) name and date of birth;
(b) residential and business postal addresses, telephone/mobile/fax numbers and email addresses;
(c) bank account and/or credit card details for agreed billing purposes;
(d) any information that you provided to us by you during an account creation process or added to your user profile;
(e) preferences and password for using our services;
(f) your computer and connection information; and
(g) any information that you otherwise share with us.
3.2 Why we collect personal information
We may collect personal information:
(a) when you use our website www.batonadvisory.com.au and any associated services, including (without limitation) when you:
(i) complete an online contact form to contact us or any third party;
(ii) provide information to us by telephone, in person, or through any form; or
(iii) send us an email or other communication;
(b) in order to assist you with the supply of our services to you and any related assistance or other purposes requested through such communication.
Information will only be collected directly from you unless you authorise another person to provide the information.
3.3 IP addresses
We may also collect Internet Protocol (IP) addresses. IP addresses are assigned to computers on the internet to uniquely identify them within the global network. We collect and manage IP addresses as part of our services, website and for security purposes. We may also collect and use web log, computer and connection information for security purposes and to help prevent and detect any misuse of, or fraudulent activities involving, the website and any products/services.
The personal information you provide is used for purposes related to our primary business operations. Examples of when your information may be used include:
(a) dealing with requests, enquiries or complaints and other customer care related activities;
(b) verifying your identity;
(c) assisting you to use our services;
(d) processing any payment for services, including charging, billing and collecting debts;
(e) responding to any queries or feedback that you may have;
(f) conducting appropriate checks for credit-worthiness and for fraud;
(g) preventing and detecting any misuse of, or fraudulent activities involving, the services or this site;
(h) conducting research and development in respect of our services;
(i) gaining an understanding of your information and communication needs or obtaining your feedback or views about our services in order for us to improve them;
(j) maintaining and developing our business systems and infrastructure, including testing and upgrading of these systems,
(k) marketing products and services generally;
(l) carrying out any activity in connection with a legal, governmental or regulatory requirement imposed on us or in connection with legal proceedings, crime or fraud prevention, detection or prosecution; and
(m) for any other purpose reasonably considered necessary or desirable by us in relation to the operation of our business.
4. Sensitive information
Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive information will be used by us only:
(a) for the primary purpose for which it was obtained;
(b) for a secondary purpose that is directly related to the primary purpose;
(c) with your consent; or
(d) where required or authorised by law.
5.1 What are cookies?
This site and our products and services may use “cookies” to help personalise your online experience. A Cookie is a text file or a packet of information that is placed on your hard disk by a web page server to identify and interact more effectively with your computer. There are two types of cookies that may be used by us: a persistent cookie and a session cookie.
A persistent cookie is entered by your web browser into the “Cookies” folder on your computer and remains in that folder after you close your browser and may be used by your browser on subsequent visits to this site. A session cookie is held temporarily in your computer’s memory and disappears after you close your browser or shut down your computer.
Cookies cannot be used to run programs. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you. In some cases, cookies may collect and store personal information about you. We extend the same privacy protection to your personal information, whether gathered via cookies or from other sources.
You can configure your internet browser to accept all cookies, reject all cookies or notify you when a cookie is sent. Please refer to your internet browser’s instructions to learn more about these functions. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of this site.
(a) remember your preferences;
(b) recognise you as logged in while you remain so (if applicable). This avoids your having to log in again every time you visit a new page;
(c) show relevant notifications to you (e.g., notifications that are relevant only to users who have, or have not, created an account or subscribed to newsletters or email or other subscription services); and
(d) remember details of data that you choose to submit to us (e.g., through online contact forms or by way of comments, forum posts, chat room messages, reviews, ratings, etc).
Many of these cookies are removed or cleared when you log out, but some may remain so that your preferences are remembered for future sessions.
5.3 Third party cookies
In some cases, third parties may place cookies through this site. For example:
5.4 Our use of Google Analytics
In the case of Google Analytics information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage.
Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf.
6. Interacting with Us
If you contact us with a general question, we may interact with you anonymously or through the use of pseudonyms.
However, you are required to provide true and accurate details when requesting the supply of products or provision of support services. You agree you will provide accurate information if so required.
7. Direct Marketing
From time to time, we may send you marketing or promotional material. Marketing and promotional material will only be sent to you if you have opted into receiving marketing material.
We (or an appointed third party) may also conduct surveys or market research and may seek other information from you on a periodic basis. These surveys will provide us with information that allows improvement in the type, quality and the manner in which those products and services are offered to you.
To opt-out of receiving certain marketing material, you may contact us or select the “unsubscribe” link provided in the email.
8. Sharing your Personal Information
We may disclose your personal information to:
(a) employees, a related company and professional advisors such as our lawyers;
(b) law enforcement agencies to assist in the investigation and prevention of criminal activities;
(c) credit-reporting and fraud-checking agencies;
(d) credit providers (for credit-related purposes such as creditworthiness, credit rating, credit provision and financing);
(e) government and regulatory authorities and other organisations, as required or authorised by law;
(f) organisations who manage our business strategies, including those involved in a transfer/sale of all or part of our assets or business (including accounts and trade receivables) and those involved in managing our business risk and funding functions; and
(g) third party contractors or service providers with whom we have a business association, including:
(i) integration providers;
(ii) marketing service providers;
(iii) accounting service providers; and
(iv) information technology service providers including cloud application providers.
9. Overseas Disclosure
We may disclose your personal information third party contractors, service providers or customers with whom we have a business association.
While we do not otherwise actively disclose your personal information to overseas entities (unless provided for in a separate agreement with you), we do engage service providers (such as cloud data services or communications providers) who may have international data centres, hardware and disaster recovery sites. Consequently, these providers may have access to your information.
We rely solely on reputable organisations for such cloud services.
10. Security of your Personal Information
Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorised access, modification or disclosure.
When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.
While we endeavour to only hold personal information that is accurate, complete and up-to-date, if you become aware your information is no longer accurate, complete or up-to-date please contact us.
11. Disposal of personal information
If we hold personal information about you, and we do not need that information for any purpose, we will take reasonable steps to destroy or de-identify that information, in accordance with the APP and the European Union General Data Protection Regulation (GDPR), unless we are prevented from doing so by law.
You may make a request to us in writing to remove your personal information and, where permitted, we will do so in accordance with the APP and the GDPR.
Under Australian law, financial records, such as those relating to financial transactions, must be retained for 7 years after the transactions contemplated by those records are completed.
12. How to access your Personal Information
Upon your request and after satisfying ourselves of your identity, we will provide access to your personal information we hold except in certain prescribed circumstances which include, where:
(a) we believe giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety;
(b) giving you access would be unlawful;
(c) granting that access would have an unreasonable impact on the privacy of other individuals;
(d) we would be in breach of our obligations under a Technical Assistance Notice (TAN), Technical Capability Notice (TCN) or Computer Access Warrant (CAW) from an Australian Government agency;
(e) the request for access is frivolous or vexatious; or
(f) there are anticipated legal proceedings.
We will amend any personal information about you that is held by us and that is inaccurate, incomplete or out of date if you request us to do so. If we disagree with your view about the accuracy, completeness or currency of a record of your personal information that is held by us, and you ask us to associate with that record a statement that you have a contrary view, we will take reasonable steps to do so.
13. Third Party Websites
We welcome the General Data Protection Regulation (GDPR) of the European Union (EU) as an important step forward in streamlining data protection globally. Although we do not operate an establishment within the EU and do not target any offering of services towards clients in the EU specifically, we intend to comply with the data handling regime laid out in the GDPR in respect of any personal information of data subjects in the EU that we may obtain.
The requirements of the GDPR are broadly similar to those set out in the Privacy Act and include the following rights:
(a) you are entitled to request details of the information that we hold about you and how we process it. For EU residents, we will provide this information for no fee;
(b) you may also have a right to:
(i) have that information rectified or deleted;
(ii) restrict our processing of that information;
(iii) stop unauthorised transfers of your personal information to a third party;
(iv) in some circumstances, have that information transferred to another organisation; and
(v) lodge a complaint in relation to our processing of your personal information with a local supervisory authority; and
(c) where we rely upon your consent as our legal basis for collecting and processing your data, you may withdraw that consent at any time.
If you object to the processing of your personal information, or if you have provided your consent to processing and you later choose to withdraw it, we will respect that choice in accordance with our legal obligations. However, please be aware that:
(d) such objection or withdrawal of consent could mean that we are unable to provide our services to you, and could unduly prevent us from legitimately providing our services to other clients subject to appropriate confidentiality protections; and
(e) even after you have chosen to withdraw your consent, we may be able to continue to keep and process your personal information to the extent required or otherwise permitted by law, in particular:
(i) to pursue our legitimate interests in a way that might reasonably be expected as part of running our business, and which does not materially impact on your rights, freedoms or interests; and
(ii) in exercising and defending our legal rights and meeting our legal and regulatory obligations.
15. Compliance with Australian Assistance and Access Legislation
Laws in Australia compel companies to share data with Australian intelligence agencies and law enforcement or build in data sharing mechanisms which may report directly to these agencies. While we endeavour to protect your data from vulnerabilities wherever possible, we can’t break the law, nor can we inform you when we’ve been issued with a notice under this legislation.
By using our website or service, you expressly release and indemnify us from any liability to you which arises from sharing data or building data sharing mechanisms (including ‘back-doors’ and vulnerabilities) at the direction of Australian Government and its agencies, including where those mechanisms are later exploited by a third party.
16. User Security
New digital threats are emerging all the time, and the online environment is more hostile than ever. To protect your data online, including any data or material transmitted by you to us, we recommend reading, implementing and observing any relevant procedures and safety tips recommended by the Department of Industry, Innovation and Science (see – https://www.business.gov.au/Risk-management/Cyber-Security) and the Australian Cyber Security Centre (see – https://www.acsc.gov.au/ and https://cyber.gov.au) from time to time.
17. Complaints procedure
Your privacy is important to us. If you have a complaint or concerns about our information handling processes as they relate to your personal information, we ask that you first contact our privacy officer whose contact details are listed below.
If, after we have conducted our investigations, you are still not satisfied then we ask you consult with:
The Office of the Australian Information Privacy Commissioner
GPO Box 5218
Sydney NSW 2001
Telephone: 1300 363 992
18. How to contact us
If you have any queries, questions, concerns or wish to make a complaint regarding how we deal with your personal information please contact us:
Level 12, 270 Adelaide Street
Brisbane QLD 4000
Telephone: + 617 3088 8089
For further information about privacy in general, please refer to the Office of the Australian Information Commissioner’s website located at https://www.oaic.gov.au.
Alternatively, please contact our Privacy Officer using the details provided above.
Last amendment date: 8 August 2022