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Privacy Policy

1. About this policy

Inherit Australia is operated by Inherit.legal Pty Ltd ABN 32 649 488 808 (Inherit, we, us or our).

Inherit provides an online platform that facilitates estate-planning and related professional-service workflows between clients, financial advisers, lawyers and other authorised participants.

 

We are committed to protecting personal information and managing it openly and transparently. This Privacy Policy explains how we collect, hold, use, disclose, protect and otherwise manage personal information.

 

We manage personal information in accordance with the Privacy Act 1988 (Cth), including the Australian Privacy Principles, to the extent that they apply to us. Where the Privacy Act does not apply to a particular activity, we intend to handle personal information consistently with the standards described in this policy.

2. Who this policy applies to

This policy applies to personal information we hold about:

  • clients and prospective clients;

  • financial advisers, lawyers, accountants and other professional advisers;

  • registered and prospective users of the Inherit platform;

  • spouses, partners, children, beneficiaries and other family members;

  • executors, trustees, attorneys, guardians and other appointed persons;

  • directors, shareholders, officeholders and representatives of companies, trusts and other entities;

  • suppliers, contractors and service providers;

  • people who communicate with us or visit our website; and

  • other identifiable individuals whose information is provided to us in connection with an estate-planning or related matter.

 

A financial adviser, lawyer or other professional who uses the Inherit platform is separately responsible for the way that professional collects, uses and discloses personal information. That professional may have a separate privacy policy applying to their activities.

3. What is personal information?

Personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether:

  • the information or opinion is true or not; and

  • the information or opinion is recorded in a material form or not.

 

Sensitive information is a category of personal information that includes information or opinions about matters such as an individual’s:

  • racial or ethnic origin;

  • political opinions or associations;

  • religious or philosophical beliefs;

  • trade union or professional association membership;

  • sexual orientation or practices;

  • criminal record;

  • health, disability or genetic information; and

  • certain biometric information.

 

The Privacy Act does not generally treat information solely about a deceased person as personal information. Information about a deceased person may, however, also reveal personal information about living relatives or other individuals. We will handle information about deceased persons confidentially and with appropriate care.

4. The personal information we collect

The personal information we collect depends on the nature of your relationship with us and the services being provided. It may include:

Identity and contact information

  • name;

  • date and place of birth;

  • residential, postal and email addresses;

  • telephone number;

  • login and account details; and

  • information used to verify identity or authority.

  • Family and relationship information

  • details of intended beneficiaries and other relevant people.

  • Estate-planning and personal wishes

  • Financial and structural information

  • Professional and matter information

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Sensitive information

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Where relevant to the service being provided, we may collect information concerning:

  • health, disability or decision-making capacity;

  • care and support requirements;

  • religious, cultural or personal beliefs;

  • racial or ethnic background;

  • criminal records; or

  • other sensitive family or personal circumstances.

 

Technical and usage information

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We may also collect:

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  • internet protocol address;

  • device, operating-system and browser information;

  • login dates and times;

  • platform activity and audit records;

  • website navigation and usage information;

  • support and diagnostic information;

  • cookie identifiers; and

  • cybersecurity and fraud-prevention information.

5. How we collect personal information

We may collect personal information:

  • directly from you;

  • from a financial adviser, lawyer or other professional acting for or assisting you;

  • from another person whom you have authorised;

  • through questionnaires, forms and workflows completed on the Inherit platform;

  • from documents uploaded to the platform;

  • through email, telephone, video conference, chat or other communications;

  • from payment and identity-verification providers;

  • from other authorised participants in your matter;

  • from publicly available sources and public registers;

  • from our website, platform and associated technologies; and

  • from service providers that assist us in operating the Inherit platform.

 

Where practicable, we will collect personal information directly from the individual concerned. Inherit’s business model nevertheless involves information frequently being supplied by an adviser, lawyer or authorised representative.

 

Where we collect information from someone other than the individual, we will take reasonable steps, where required and practicable, to ensure that the individual is made aware of the collection and the matters required by applicable privacy law.

6. Information provided about another person

Estate planning necessarily involves information about family members, beneficiaries, executors, attorneys, trustees and other people.

Where you provide us with personal information about another person, you should:

  • have a lawful basis or appropriate authority to provide that information;

  • provide only information that is reasonably necessary for the relevant matter;

  • ensure that the information is accurate and not misleading;

  • provide the person with any privacy notice that is required or appropriate; and

  • obtain consent where consent is required, including for the collection of sensitive information.

This requirement does not limit any separate obligations imposed on Inherit under applicable privacy law.

7. Why we collect, hold, use and disclose personal information

We may collect, hold, use and disclose personal information to:

  • establish and administer user accounts;

  • provide, operate and support the Inherit platform;

  • collect and organise estate-planning and related instructions;

  • facilitate communications and workflows between authorised advisers, lawyers, clients and other participants;

  • generate questionnaires, summaries, reports, correspondence and document instructions;

  • identify missing, inconsistent or incomplete information;

  • refer or allocate matters to an authorised professional where requested or permitted;

  • enable professionals to provide legal, financial or related services;

  • verify identity, instructions, consent and authority;

  • process payments and maintain transaction records;

  • provide technical support and respond to enquiries;

  • communicate about the progress or administration of a matter;

  • maintain security, access and audit records;

  • prevent or investigate fraud, misuse and cybersecurity incidents;

  • improve and develop our platform, products and services;

  • conduct research, analytics and quality assurance using aggregated or de-identified information where appropriate;

  • train and supervise personnel;

  • manage our relationships with advisers, lawyers, contractors and service providers;

  • enforce our agreements and protect our legal rights;

  • manage complaints, disputes and legal claims;

  • comply with applicable laws, court orders and regulatory requirements; and

  • carry out other purposes notified at the time of collection or authorised by law.

 

Where we wish to use or disclose personal information for a purpose materially different from the purpose for which it was collected, we will obtain consent where required or ensure that another lawful basis applies.

8. Sensitive information

We will collect sensitive information only where:

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  • it is reasonably necessary for one or more of our functions or activities;

  • the individual has consented to its collection; or

  • the collection is otherwise required or authorised by law.

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Sensitive information will generally be used or disclosed only:

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  • for the primary purpose for which it was collected;

  • for a directly related secondary purpose that the individual would reasonably expect;

  • with the individual’s consent; or

  • where required or authorised by law.

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Because estate-planning matters may involve health, capacity, disability, cultural, religious or other sensitive circumstances, users should not upload sensitive information unless it is genuinely relevant to the matter.

9. Unsolicited personal information

If we receive personal information that we did not request, we will determine whether we could lawfully have collected it.

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Where we could not lawfully have collected the information and it is not contained in a record that we are legally required to retain, we will take reasonable steps to destroy or de-identify it.

10. Anonymity and pseudonymity

You may deal with us anonymously or by using a pseudonym when making a general enquiry where it is lawful and practicable to do so.

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Because estate-planning and professional-service workflows generally require the identification of the relevant individuals, it will usually not be practicable to use the Inherit platform or complete a matter anonymously or under a pseudonym.

11. How information is shared through the platform

Personal information connected with a matter may be made available to participants who have been authorised to access that matter. Depending on the workflow, those participants may include:

  • the client;

  • the client’s financial adviser;

  • a lawyer selected or authorised by the client or adviser;

  • an accountant or other professional adviser;

  • an authorised member of the relevant professional firm;

  • a person nominated by the client; and

  • Inherit personnel who require access to administer or support the platform.

 

Access is intended to be limited according to the user’s role and the requirements of the matter.

Users must not share their login credentials or access information about a person or matter unless they are authorised to do so.

12. Other disclosures of personal information

We may disclose personal information to:

  • advisers, lawyers and other professionals involved in the relevant matter;

  • contractors and service providers who assist us with hosting, data storage, software, document generation, communications, technical support, cybersecurity, analytics, payment processing and business administration;

  • identity-verification, fraud-prevention and security providers;

  • professional advisers, insurers and auditors acting for Inherit;

  • courts, tribunals, regulators, law-enforcement bodies and government agencies where required or authorised by law;

  • a prospective purchaser, investor or successor in connection with a proposed sale, restructure or transfer of all or part of our business, subject to appropriate confidentiality arrangements; and

  • other parties where the individual has consented or the disclosure is otherwise permitted by law.

 

We do not sell personal information.

13. Service providers

We use external service providers to operate and support the Inherit platform.

We take reasonable steps appropriate to the circumstances to select reputable providers and require them to handle personal information consistently with applicable privacy and security requirements.

Some service providers may collect or hold personal information under their own terms and privacy policies. Where a service provider deals directly with you—for example, when processing a payment—its privacy policy may also apply.

14. Payments

Payments made through the Inherit platform may be processed by an external payment provider.

Full payment-card details are generally entered directly into the payment provider’s secure system. Inherit does not ordinarily receive or store full card numbers. We may receive and retain limited payment information, such as:

  • the payer’s name;

  • billing contact details;

  • transaction reference;

  • payment date and amount;

  • payment status;

  • card type; and

  • the final digits of a card number.

Where payment is made by bank transfer or another method, we may hold the information reasonably necessary to identify and reconcile the payment.

15. Website technologies, cookies and analytics

Our website and platform may use cookies and similar technologies to:

  • maintain secure login sessions;

  • authenticate users;

  • remember user preferences;

  • operate platform functions;

  • understand how the website and platform are used;

  • diagnose technical problems;

  • maintain security; and

  • improve performance and user experience.

 

Some cookies may be placed by third-party service providers.

 

You can generally control or disable cookies through your browser or device settings. Disabling essential cookies may prevent parts of the website or platform from operating correctly.

 

Further information about the technologies currently used is available in our website: https://www.inheritaustralia.com.au/

16. Overseas handling and disclosure

Some of our service providers may store, process or access personal information outside Australia.

 

The overseas countries in which recipients are likely to be located currently include:

  • the United States of America; 

 

Before disclosing personal information to an overseas recipient, we will take reasonable steps required in the circumstances to ensure that the recipient handles the information consistently with applicable Australian privacy requirements, unless an exception applies.

The privacy and data-protection laws of another country may differ from those applying in Australia.

17. Automated and software-assisted processing

The Inherit platform may use automated rules or software-assisted tools to:

  • organise information;

  • pre-populate forms or documents;

  • identify unanswered or inconsistent responses;

  • route matters through appropriate workflows;

  • generate summaries or draft material; and

  • assist authorised professionals and platform administrators.

 

These tools are intended to support, rather than replace, the judgment of the client’s adviser or lawyer.

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​If we arrange for a computer program to use personal information to make, or substantially and directly assist in making, a decision that could reasonably be expected to significantly affect an individual’s rights or interests, we will disclose the kinds of personal information used and the kinds of decisions made as required by law.

18. Direct marketing

We may use the business contact details of advisers, lawyers and other professionals to provide information about Inherit’s platform, services, events and professional resources where permitted by law.

Every electronic marketing communication will provide a means to unsubscribe. We will action an unsubscribe request within a reasonable period.

We do not ordinarily use a client’s personal estate-planning information to market services directly to that client.

We may send clients service-related communications concerning:

  • their account;

  • a current or incomplete matter;

  • security;

  • changes to platform functionality;

  • changes to applicable terms or policies; and

  • communications requested by an authorised adviser or lawyer.

Service-related communications are not direct marketing and may be necessary for the operation of the platform or completion of a matter.

19. Quality of personal information

We take reasonable steps to ensure that personal information we collect, use and disclose is accurate, current, complete and relevant.

Because much of the information on the Inherit platform is entered by clients, advisers and lawyers, users should review information carefully and update it when circumstances change.

Registered users may be able to update some information directly through the platform. Alternatively, a correction may be requested using the contact details below.

20. Security

We take reasonable technical and organisational steps to protect personal information from:

  • misuse;

  • interference;

  • loss;

  • unauthorised access;

  • unauthorised modification; and

  • unauthorised disclosure.

Depending on the nature and sensitivity of the information, these measures may include:

  • access controls and user authentication;

  • role-based access restrictions;

  • multifactor authentication where appropriate;

  • encryption and secure communications;

  • logging and monitoring;

  • network and endpoint security;

  • secure backup and recovery arrangements;

  • confidentiality obligations applying to personnel and contractors;

  • personnel training;

  • service-provider review and contractual safeguards;

  • incident-response procedures; and

  • regular review of security risks and access permissions.

No method of electronic transmission or storage is completely secure. Users should protect their credentials, use secure devices and networks, and notify us promptly if they suspect unauthorised access to an account or matter.

21. Retention and deletion

We retain personal information only for as long as it is reasonably required:

  • to provide the relevant service;

  • to maintain an appropriate record of a matter or transaction;

  • to meet our contractual obligations;

  • to support the record-keeping obligations of participating professionals where applicable;

  • to respond to disputes or legal claims;

  • for legitimate business and security purposes; or

  • to comply with applicable laws, court orders and regulatory requirements.

Different categories of information may be subject to different retention periods.

When personal information is no longer required for a purpose for which it may lawfully be used or disclosed, and we are not required to retain it, we will take reasonable steps to destroy it or ensure that it is de-identified.

Information may remain temporarily in secure backups until it is overwritten or deleted in accordance with our backup and retention procedures.

We may retain aggregated or de-identified information where it is no longer reasonably capable of identifying an individual.

22. Data breaches

We maintain procedures for responding to suspected loss of, unauthorised access to, or unauthorised disclosure of personal information.

Where a data breach occurs, we will:

  • investigate and contain the incident;

  • assess the nature and potential consequences of the breach;

  • take reasonable remedial action; and

  • notify affected individuals, the Office of the Australian Information Commissioner or another regulator where required by law.

23. Accessing personal information

You may request access to personal information we hold about you.

You may make a request personally or through an authorised representative. We may require evidence of identity and, where relevant, evidence of the representative’s authority before providing access.

We will respond within a reasonable period, which will ordinarily be within 30 days.

We will not charge a fee merely for making an access request. We may charge a reasonable amount for the administrative cost of providing access, but not for making the request or correcting the information.

In some circumstances, we may refuse access or provide only partial access where permitted or required by law. If we refuse access, we will generally provide written reasons and explain how the decision may be challenged, unless it would be unreasonable or unlawful to do so.

Where information was supplied or is controlled through an adviser or lawyer’s matter, we may need to consult that professional before providing access. This does not remove any access rights the individual may have under applicable law.

24. Correcting personal information

You may ask us to correct personal information that you believe is inaccurate, out of date, incomplete, irrelevant or misleading.

We will take reasonable steps to investigate and respond to the request.

Where appropriate, we will:

  • correct the information;

  • notify relevant third parties to whom we previously disclosed the information, where requested and legally required; or

  • associate a statement with the information recording that you consider it to be inaccurate, out of date, incomplete, irrelevant or misleading.

We do not charge for making a correction request or correcting personal information.

25. Privacy enquiries and complaints

Questions, access requests, correction requests and privacy complaints should be directed to:

Privacy Officer
Inherit Australia
22A Milgate Drive
Mornington VIC 3931
Telephone: +61 3 5976 6565

Email: accounts@inheritaustralia.com.au

 

A complaint should provide sufficient information to allow us to understand and investigate the issue.

We will:

  • acknowledge the complaint;

  • investigate it fairly and appropriately;

  • request further information where necessary; and

  • provide a written response explaining the outcome and any action taken.

 

We aim to respond to privacy complaints within 30 days. If the matter requires additional time, we will explain the reason for the delay and the expected next steps.

 

If you are not satisfied with our response, or we do not respond within a reasonable period, you may lodge a complaint with the Office of the Australian Information Commissioner:

Office of the Australian Information Commissioner
GPO Box 5288
Sydney NSW 2001
Telephone: 1300 363 992

Complaint information and forms are available from the Office of the Australian Information Commissioner’s website.

26. Changes to this policy

We may update this Privacy Policy to reflect changes to:

  • the Inherit platform;

  • our information-handling practices;

  • our service providers;

  • technology;

  • legal or regulatory requirements; or

  • our business operations.

The current version will be published on our website with its effective date.

Where a change is material, we may also notify registered users through the platform, by email or through another appropriate communication method.

27. Contact us

For any question about this policy or the way we manage personal information, please contact:

Privacy Officer
Inherit Australia
22A Milgate Drive
Mornington VIC 3931
Telephone: +61 3 5976 6565
Email: accounts@inheritaustralia.com.au

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