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Privacy Policy

MITCHELL & NESS® PRIVACY POLICY

MITCHELL & NESS® complies with the Australian state and commonwealth privacy laws including the Privacy Act 1988 (Cth) and the Australian Privacy Principles (collectively, "Privacy Laws") as well as GDPR.

MITCHELL & NESS® is committed to the privacy of its website users and to continue providing products in a confidential and safe manner

This Privacy Policy summarises how MITCHELL & NESS® handles personal information with respect to:

  • any official MITCHELL & NESS® website, web/cloud-based application (“Website”) including any forms on the Website;
  • any stand-alone MITCHELL & NESS® application;
  • any software used to provide the Website; and
  • any services provided by or to a User through the Website or the App,

(collectively, “Platform”).

MITCHELL & NESS® will respect and keep secure all personal and sensitive information provided to MITCHELL & NESS® by users and clients of its Platform (individually and collectively, “User/s”) in accordance with applicable privacy laws and this Privacy Policy.

By downloading, installing or continuing to use the Platform, a User acknowledges acceptance of this Privacy Policy as updated from time to time.

Information MITCHELL & NESS® collects and holds

Personal Information

Definition [non-EU]

If the User is an EU Entity, "Personal information" is defined by the Privacy Act 1988 (Cth) as “information or an opinion about an identified individual, or an individual who is reasonably identifiable: (a) whether the information or opinion is true or not; and (b) whether the information or opinion is recorded in a material form or not.”

Definition [EU-only]

If the User is an EU Entity, "personal information" is defined as “any data that can be used to identify a living person directly or indirectly”.

From time to time, MITCHELL & NESS® may collect certain of a User's personal information. MITCHELL & NESS® only collects that personal information that is reasonably necessary for or related to MITCHELL & NESS®’s business or to facilitate the use of the Platform by Users.

The kind of information MITCHELL & NESS® collects will depend on a User's relationship with MITCHELL & NESS® (e.g. as a Platform user, customer, business partner, employee or contractor).

Generally, the only personal information MITCHELL & NESS® collects about a User is that information which a User choose to disclose to MITCHELL & NESS® or which a User authorises MITCHELL & NESS® to obtain.

The type of information MITCHELL & NESS® collect may include a User/User’s:

  • business’s account details
  • personal name
  • age
  • gender
  • residential/work address
  • email addresses
  • telephone number
  • photographs
  • physical location
  • hardware/browser/software used to access the Platform
  • IP addresses

Sensitive Information

Sensitive information is a special category of the most sensitive personal information including racial or ethnic origin, political opinion, police record, health and disability information etc.

MITCHELL & NESS® does not collect sensitive information.

How MITCHELL & NESS® collects and holds personal information

Where possible, MITCHELL & NESS® will collect a User's personal information directly from a User, but information may also be collected via:

  • IP loggers;
  • wi-fi routers; and
  • GPS devices

Personal and sensitive information may be collected from a User when a User provides it to MITCHELL & NESS® directly.

MITCHELL & NESS® has established appropriate physical, electronic and managerial procedures to safeguard any information MITCHELL & NESS® collects. This helps prevent unauthorised access, maintains data accuracy and ensures that the information is used correctly.

All data transferred to and from MITCHELL & NESS®'s servers is encrypted and a firewall is in place to prevent intrusion. All data stored within MITCHELL & NESS®’s systems is designed to only be able to be accessed by authorised MITCHELL & NESS® officers, employees, contractors and the relevant hosting facility.

The purposes for which MITCHELL & NESS® collects, holds, uses and discloses personal information.

MITCHELL & NESS® collects personal information that MITCHELL & NESS® considers relevant for the purpose of providing MITCHELL & NESS®’ services or the Platform. MITCHELL & NESS® will not use or disclose personal information collected about an individual for the purposes of direct marketing unless the individual has given MITCHELL & NESS® consent to do so. MITCHELL & NESS® will not disclose any personal information to any third-party overseas recipients unless the individual has given MITCHELL & NESS® consent to do so.

Some of the ways MITCHELL & NESS® uses personal information includes to:

  • communicate with a User and others as part of MITCHELL & NESS®’s business
  • enable MITCHELL & NESS® to provide a product
  • personalise a User's MITCHELL & NESS® user experience
  • send a User information regarding changes to MITCHELL & NESS®’s policies, other terms and conditions, on-line services and other administrative issues
  • manage accounts and perform other administrative and operational tasks (including risk management, systems development and testing, credit scoring and staff training, collecting debts and market or client satisfaction research)
  • prevent, detect and investigate crime, including fraud and money laundering, and analyse and manage other commercial risks
  • verify information given to MITCHELL & NESS®
  • carry out market research and analysis, including satisfaction surveys
  • provide marketing information to a User (including information about other products and services offered by selected third party partners) in preferences a User have expressed
  • manage MITCHELL & NESS®’s infrastructure and business operations and comply with internal policies and procedures, including those relating to auditing accounting billing and collections IT systems data and website hosting business continuity and records, document and print management
  • process refunds, replacements and repairs
  • resolve complaints and handle requests for data access or correction
  • comply with applicable laws and regulatory obligations (including laws outside a User's country of residence), such as those relating to anti-money laundering, sanctions and anti-terrorism
  • comply with legal process and respond to requests from public and governmental authorities (in outside a User's country of residence)
  • establish and defend legal rights protect MITCHELL & NESS®’s operations or those of any of MITCHELL & NESS®’ group companies or insurance business partners, MITCHELL & NESS®’s rights or property and/or that of MITCHELL & NESS®’ group companies, a User or others and pursue available remedies or limit MITCHELL & NESS®’ damages

To whom does MITCHELL & NESS® disclose a User's personal information?

MITCHELL & NESS® may disclose a User's personal information to:

  • the User
  • government authorities (where required by law including workers compensation laws)
  • third parties involved in court action (where required by law)
  • other parties that provide support services to MITCHELL & NESS® including support services, merchant services, online marketing programs for the purposes of marketing MITCHELL & NESS® products only
  • professional advisers
  • potential business partners or purchasers

What happens if a User doesn't provide personal or sensitive information?

If a User does not provide some or all of the information requested, MITCHELL & NESS® may not be able to provide MITCHELL & NESS®’s products, permit a User to open or use a user account or give a User access to the Platform.

Using a pseudonym or engaging with MITCHELL & NESS® anonymously

Where practicable, a User will be given the opportunity to engage with MITCHELL & NESS® on an anonymous basis or using a pseudonym. Due to the nature of MITCHELL & NESS®’s services, in most cases, the use of a pseudonym anonymity will not be possible.

Credit card details

MITCHELL & NESS® does not collect or store credit card numbers.

Website cookies and usage information

When a User accesses MITCHELL & NESS®’s Platform, MITCHELL & NESS® may use software embedded in MITCHELL & NESS®’s Platform and MITCHELL & NESS® may place small data files (or cookies) on a User's computer or other device to collect information about which pages a User's view, how a User reach those pages, what a User does when a User visits a page, the length of time a User remains on the page and how MITCHELL & NESS® performs in providing content to a User. A cookie does not identify individuals personally, but it does identify computers.

A User can set a User's browser to notify a User when a User receive a cookie and this will provide a User with an opportunity to either accept or reject it in each instance. MITCHELL & NESS® may gather a User's IP address as part of MITCHELL & NESS®’s business activities and to assist with any operational difficulties or support issues with MITCHELL & NESS®’s services. This information does not identify a User personally.

External links

The Platform may contain links to other websites. When a User accesses these links, MITCHELL & NESS® recommends that a User read the website owner's privacy statement before disclosing a User's personal information. MITCHELL & NESS® does not accept responsibility for inappropriate use, collection, storage or disclosure of a User's personal information collected outside MITCHELL & NESS®’s Platform.

Cross-border disclosures of a User's personal information

MITCHELL & NESS® does currently use off-shore service providers with regard to storage of personal information data including email services, support service and telephonic services. MITCHELL & NESS® reserves the right to use data hosting facilities and third-party service providers both in Australia and overseas to assist MITCHELL & NESS® with providing our goods and services.

Right to opt out of personal information use

MITCHELL & NESS® will comply with any request from a User to process or cease using their personal information data as soon as practicable.

Unless a User specifically opts-out of use of personal information for marketing purposes, MITCHELL & NESS® will assume MITCHELL & NESS® has a User's implied consent to receive similar information and communications in the future

Right to rectification

MITCHELL & NESS® has obligations to take reasonable steps to correct personal information held by MITCHELL & NESS® if MITCHELL & NESS® is satisfied that it is inaccurate, out-of-date, incomplete, irrelevant or misleading for the purpose for which it is held.

MITCHELL & NESS® will comply with any request from a User to update and/or correct their personal information data within 28 days.

MITCHELL & NESS® may take reasonable steps to verify a User's identity before making any such changes.

In cases where the information was provided by a third party, MITCHELL & NESS® may not be able to correct information and a User may have to contact the third-party that gave information to MITCHELL & NESS®.

Right of access [EU only]

If the User is an EU Entity, MITCHELL & NESS® will comply with any request from a User to access their personal information data erased within 28 days.

Right to erasure [EU only]

If the User is an EU Entity, MITCHELL & NESS® will comply with any request from a User to object to have their personal information data erased within 28 days.

Right to data portability [EU only]

If the User is an EU Entity, MITCHELL & NESS® will comply with any request from a User to obtain and/or use their personal information data for their own purposes within 28 days.

Contacting MITCHELL & NESS®

To exercise a right under this Privacy Policy, make further inquiries or to complain about a breach of the law (including the Australian Privacy Principles or a registered Australian Privacy Principles code, if applicable) a User should contact MITCHELL & NESS® as follows:

The Privacy Officer

MITCHELL & NESS®

[INSERT POSTAL ADDRESS]

Email: [INSERT EMAIL]


MITCHELL & NESS® takes all complaints regarding privacy of information seriously. MITCHELL & NESS® will respond to any inquiries in a reasonable time.

Policy changes

MITCHELL & NESS® may revise this Privacy Policy from time to time by updating this page. The revised Privacy Policy will take effect when it is posted on MITCHELL & NESS®’s Website, implemented in the Platform or otherwise communicated to a User. MITCHELL & NESS® suggests that a User review MITCHELL & NESS®’s Privacy Policy regularly.

Applicable law

This agreement is governed by and construed in accordance with the laws of Victoria, Australia.

The User irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.

Definitions

In this Privacy Policy:

“MITCHELL & NESS®” means NICK AUDITORE REPRESENTS PTY LTD and any "Related Body Corporate" within the meaning of the Section 50 of the Corporations Act 2001 (Cth).

"EU Entity" means a User that:

  1. is incorporated; or
  2. ordinarily resides (wholly or partly),

in a European Union member state from time to time.

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