Privacy Policy

PART A – ABOUT THIS PRIVACY POLICY

Who are we and what do we do?

Worthington Clark Pty Ltd (ACN 002 216 953) and its related and associated bodies corporate (us, we, our) is a specialist genealogy and asset research firm that provides a range of genealogy and asset research services (Services). Our Services include tracing and locating missing executors, beneficiaries and inheritances, recovery of lost or unclaimed
assets and researching, compiling and writing family history books.

We maintain a policy of strict confidence concerning your (you, your) personal information. This Privacy Policy applies to the collection, storage, use and disclosure by us of your personal information and has been developed in accordance with the Privacy Act 1988 (Cth) (Privacy Act).

Members of the public can use our Services by contacting us by way of the details available on our website www.worthingtonclark.com (Site) or by way of the contact details set out at the end of this Privacy Policy. By engaging with us, you accept the terms of this Privacy Policy.

If you have any further questions or if you wish to receive more information on our information practices and Privacy Policy, please contact our Privacy Officer using the contact details at the end of this policy.

PART B – OUR PERSONAL INFORMATION HANDLING PRACTICES

What personal information do we collect and hold?

The types of information we collect and hold includes (but is not limited to):

  • your name, email address, mailing address and other contact details;
  • your date of birth;
  • information about your family members and relatives;
  • information about assets you have held and your unclaimed assets;
  • personal information about users of our Services – for example, bank account details, legal records, gender, marital status;
  • personal information of other individuals disclosed by users of our Services;
  • any other information required to provide you with our Services.

We will not collect any sensitive information from you, revealing your: race, ethnic origin, political opinions, religious or philosophical beliefs, trade union memberships or details of health or disability. Exceptions to this include:

  • where you have given express consent to us to do so and the information is reasonably necessary for us to carry out our functions or activities;
  • where the use of this information is required or authorised under Australian law or a court or tribunal order; or
  • where the information is necessary for the establishment, exercise or defence of a legal claim

How do we collect your personal information?

If it is reasonable and practical to do so, we will collect personal information directly from you. This may take place in a number of ways, such as when you contact us, send us an email or letter, visit our offices or when you enter into an agreement with us to engage our Services.

We may also collect personal information from third parties such as your representatives (including your legal and financial advisers, executor, administrator, guardian, trustee and broker) or from publicly available sources of information, such as public share registers to assist us in delivering our Services to you. This may also include your custodians and family members who wish to locate you.

We will only use fair and lawful ways to collect the personal information.

Cookies and IP addresses

When you visit the Site the server may attach a “cookie” to your computer’s memory. A “cookie” assists us to track and store information about your usage of the Site and the pages that may be of most interest to you.

We may use cookies from time to time to:

  • monitor your usage of our Site;
  • improve your experience on our Site;
  • provide you with better service when you use our Site;
  • authenticate your access to our Site via user registrations; and
  • recognise you when you return to our Site.

Our Site creates a personal record of your use of the Site, links the information collected through cookies to any personal information you provide and may be used to identify you. No attempt will be made to identify anonymous users or your browsing activities except, in the unlikely event of an investigation, where a law enforcement agency may exercise a warrant to inspect the Internet Service Provider’s log files.

When you use our website, we may also use your IP address to assist with diagnosing problems with our server and to administer our website. While the website logs are IP identifiable, no attempt is made to link them with any individuals that browse our websites.

If you choose, you should be able to configure your computer so that it disables “cookies” or does not accept them. However, please note by disabling cookies, your user experience may be affected and you might not be able to take advantage of certain functions of the Site.

Why do we collect your personal information?

All personal information that we or our related bodies corporate collect, is reasonably necessary for the purposes relating to providing our Services to you.

You may choose to deal with us anonymously (or by providing a pseudonym) such as when you make a general inquiry about our Services. However, if we are unable to collect personal information we reasonably require, we may not be able to do business with you or the organisation with which you are connected.

How do we use and disclose your personal information?

We will use personal information about you for the primary purpose of providing you with our Services, and for which you would reasonably expect us to use that information, including:

a) delivering our Services; this may include (but is not limited to) the following:

i. tracing missing executors, beneficiaries and inheritances around the world;
ii. liaising with or consulting third parties to assist in recovering lost or unclaimed assets;
iii. claiming assets, entitlements or inheritances and any earnings;
iv. researching, compiling and writing family history books;
v. adoption research and the reunification of families; and
vi. genealogy research for print and TV media;

b) promoting our Services;

c) administering our business;

d) contacting you for feedback on your satisfaction with our Services

e) compiling and analysing statistics relevant to our business; and

f) complying with our legal obligations.

If personal information is used for statistical analysis or similar research purposes, we will de-identify the personal information before use. We may also publish your testimonials on our website if you consent.

We will generally not disclose your personal information to anyone except as described in this Privacy Policy, when you consent to a particular disclosure, or where the identifying data can be removed, or as otherwise permitted under the Privacy Act.

Third parties and your information

In order to deliver the Services that we provide to you, we may disclose your personal information to our third party service providers.

When we disclose your personal information to third parties, we will make all reasonable efforts to ensure:

a) that these service providers are bound by privacy obligations in relation to the protection of your personal information; and

b) that we disclose only relevant information and that it is accurate, complete and up to date.

We will not sell or rent your personal information to anyone.

Although the Site may link directly to websites operated by third parties (Linked Sites), you acknowledge that Linked Sites are not operated by us. We encourage you to always read the applicable Privacy Policy of any Linked Site on entering the Linked Site. We are not responsible for the content or practices of the Linked Sites nor their privacy policies regarding the collection, storage, use and disclosure of your personal inform.

Disclosure of Information Overseas

We may transfer your personal information overseas to certain of our service providers and we have contractual mechanisms in place with them to protect your personal information.

GDPR

When we collect and use personal information relating to individuals in the United Kingdom (UK) and the European Union (EU), we are classified as a “controller” for the purposes of the EU General Data Protection Regulation (GDPR) as retained under the Data Protection Act 2018 (UK) (DPA). By continuing to use the Site and our Services, you consent to us processing your personal data for the purposes outlined in this privacy policy.

We will only store your personal information for as long as it is required for the purposes outlined in this privacy policy or it is required for our legal and regulatory obligations.

In addition to the rights outlined in this privacy policy, if you are in the EU or the UK, you have the following additional rights under the GDPR and the DPA:

1. Right to erasure

You can, at any time, request that we delete all personal information which relates to you. We will comply with any such request unless we are required to keep that information for:

– the public interest;

– the exercise of official authority;

– archiving, research or statistical purposes (which would otherwise be rendered seriously impaired); or

– the establishment, exercise or defence of legal claims.

2. Right to restriction on data processing

In certain circumstances, you may also request a restriction on the processing of your personal data. You can make such a request in the following situations:

– where you believe that the information held is inaccurate;

– where the processing is unlawful;

– where we are storing the information for legal claims, however do not require it for processing purposes; or

– you have legitimate grounds to object to data processing.

If you make such a request, we will not process any of your personal information without your consent, unless it is for the purposes of storage, legal claims, protecting the rights of another person or it is in the public interest of either the UK, the EU or the respective Member State.

3. Right to data portability

In certain circumstances, you may request that we provide you with all personal information that relates to you. If this is the case, we will provide you with that information in a structured, commonly used and machine-readable format. Upon request from you, and subject to certain circumstances, we will also transmit that information to another controller.

4. Right to object

You have the right to request that your personal information is not processed by us in various circumstances. These circumstances include the pursuit of business interests, direct marketing and profiling. Unless we have legitimate grounds to object to your request, we will stop processing data for the purposes requested.

5. Withdrawal of consent

If at any time you wish to withdraw your consent to us processing your personal information, please send your request to our Privacy Officer, whose details can be found below.

6. Data breach notification

In the unlikely event that we experience a personal data breach that is likely to result in a high risk to individuals in the EU or the UK, we will notify those affected individuals without undue delay.

7. Complaint

If you believe that we have breached the GDPR in regards to how we have handled your personal information, you have a right to contact, and make a complaint, to the Commissioner or the Data Protection Authority for your EU Member State.

8. Lawful basis for processing your information

Whenever we collect your personal information, we will endeavour to obtain your consent to process your information for the purposes outlined in this privacy policy.

We rely on this consent to process your information, however, under GDPR and the DPA, we may also process your information if the processing is necessary for:

– the performance of, or entering into, a contract with you;

– compliance with our legal obligations;

– protecting the vital interests of an individual;

– performing a task in the public interest; or

– the purposes of legitimate interests pursued by us or a third party.

How do we protect your personal information?

We have robust systems and procedures in place to protect your personal information from misuse and loss, and from unauthorised access, modification or disclosure. For example, we ensure that our systems can only be accessed with unique logins, passwords and multi-factor authentication, and we perform regular software updates and patch management. We will also verify your personal information with you each time you use our Services or from other sources.

If we no longer need your personal information we will destroy or de-identify it in accordance with our document and information retention policy, unless we are required under Australian law or a court or tribunal order to retain it.

Notwithstanding the reasonable steps taken to keep information secure, breaches may occur. In the event of a security incident we have in place procedures to promptly investigate the incident and determine if there has been a data breach involving personal information, and if so, to assess if it is a breach that would require notification. If it is, we will notify affected parties in accordance with Privacy Act requirements.

In the event of a security incident involving unauthorised access, use or disclosure of personal information where a third party with whom we share personal information is involved, we will seek to work cooperatively with them to protect the personal information we have shared with them.

If you reasonably believe that there has been unauthorised use or disclosure of your personal information please contact us (see below).

PART D – QUERIES, CONCERNS AND FURTHER INFORMATION

Accessing your personal information

You are entitled to request access to the personal information we hold about you using the contact details below. We will respond to your request within a reasonable period of time and, where reasonable and practicable, give access to the information in the manner you request, subject to any exemptions allowed under the Privacy Act.

We will not charge you for lodging a request for a copy of your personal information but you will be asked to pay a reasonable fee for the work involved in providing you with this information and for associated costs such as photocopying. You will be notified of any likely costs before your request is processed.

If we refuse to provide you with access to your records, we will provide you with written reasons

Correcting your personal information

If you believe that your personal information is not correct, please contact us using the details below.

We will take all reasonable steps to correct it within a reasonable time. If we refuse to correct or update your information, you may request that we make a note on your record that you are of the opinion that the information is inaccurate, incomplete, out of date, irrelevant or misleading, as the case may be.

What if you have a complaint or feedback?

If you have a privacy complaint or concern, or questions about how we collect, use, disclose or hold your personal information, or if you think we may have breached our obligations under the Australian Privacy Principles or the Privacy Act, please contact us using our details below. We will respond to all questions and concerns within a reasonable period of time.

If you are dissatisfied with our examination of your complaint, you can subsequently complain about the privacy matter to the Australian Information Commissioner.

Do we change our policies on privacy from time to time?

We may vary the terms of this Privacy Policy at any time. To see the most current Privacy Policy, please look at our website www.worthingtonclark.com or contact us. You should check this Privacy Policy regularly so that you are aware of any variations. You will be deemed to have consented to such variations by your continued use of the Site or engagement with our business following such changes being made.

How can you contact us?

Email: privacy@worthingtonclark.com

Phone:
1800 077 973 (Within Australia)
+61 (0) 2 4868 6888