Willed Privacy Policy
1. Introduction
(a) This website (www.willed.com.au) (the Willed Platform) and the products or services sold on, or via, the Willed Platform are created, operated and controlled by Willed Pty Ltd (ACN 638 925 032) (we, us or our).
(b) We are committed to ensuring your Personal Information is protected. We manage your Personal Information in accordance with the Australian Privacy Principles (APPs) set out in the Privacy Act 1988 (Cth) (Privacy Act).
(c) By accessing, using and continuing to use, the Willed Platform and the products or services made available on the Willed Platform, you agree to this Privacy Policy.
(d) This Privacy Policy outlines how we collect, store, use, process and disclose your Personal Information, and how you may access your Personal Information kept by us or how you may make a privacy complaint.
1.1. Definitions
For the purpose of this Privacy Policy:
(a) Executor Services means professional executor services provided by Willed (or an Authorised Affiliate) in relation to administering the deceased estate of a user;
(b) Personal information has the same meaning that it has under the Privacy Act, namely, information or an opinion about a natural person which identifies a natural person, or which is reasonably capable of identifying a natural person, whether or not the information is true or recorded in a material form;
(c) Power of Attorney means an enduring power of attorney and/or enduring power of attorney/appointment of medical decision-maker;
(d) Sensitive information has the same meaning that it has under the Privacy Act, namely, information or opinions about your health, political affiliations, sexual preferences, religious beliefs, racial or ethnic origin or other such private information;
(e) Services means the estate planning solutions made available through the Willed Platform, which may include all or any of the following:
(i) access to, and use of, the Willed Platform to create and download a will and/or power of attorney (either on a one-off or Subscription basis);
(ii) a licence and right to upload and store User Data on the Willed Platform;
(iii) support services (if any);
(iv) Executor Services (if any); and/or
(v) any other products or services made available on, or via, the Willed Platform from time to time.
(f) Subscription means a licence granted to a user to access and use the Willed Platform and Services on an unlimited basis for the subscription term; and
(g) Will means a document which sets out, amongst other things, your wishes regarding the administration of your estate and the care of any minor children (if any); and
(h) User Data means all data, information (including Personal Information), meta-data, materials, documents, photographs and videos uploaded to or stored on the Willed Platform by a user (including data, information, Wills and Power of Attorneys generated on, or via, the Willed Platform and Services).
2. The information we collect about you
2.1. Personal Information
(a) We will only collect and hold Personal Information about you that is reasonably necessary to undertake our business activities and functions, deliver the Willed Platform and Services to you, or as otherwise permitted by law.
(b) The type of Personal Information and non-Personal Information that we may collect and use depends on the type of dealings that you have with us and includes the following:
(i) user contact details (for example, full name, address, date of birth, email address, details relating to your age, gender and marital status);
(ii) user registration information (such username and password);
(iii) marketing data and information from visitors to our website and users relating to your dealings, or enquiries you have made, with us, including information about the Services you have ordered on, or via the Willed Platform and your Subscription;
(iv) payment and billing information;
(v) information regarding your access to, and use of, the Willed Platform and Services (whether as a user or visitor), including location information, IP address, products you viewed or searched for, length of visits to certain pages, page interaction information, methods used to browse away from the page and any third party websites you access;
(vi) information relating to your estate planning requirements and financial circumstances, including, but not limited to, your User Data, the assets and liabilities comprising your estate, your Wills and Power of Attorneys;
(vii) details of the executors, beneficiaries, guardians and/or attorneys/guardians/medical decision-makers appointed by a user under a Will and/or Power of Attorney generated or created using the Willed Platform and Services (including full name, address, date of birth and email address);
(viii) other information that you provide to us or that we may collect in the course of our relationship with you; and
(ix) information provided by or on behalf of applicants for employment.
2.2. Sensitive information
(a) We do not intend to collect your Sensitive Information. However, some of our services are automated and we may not recognise that you have accidentally provided us with sensitive information.
(b) If you have accidentally sent us Sensitive Information, please contact us using the details below.
3. How we collect Personal Information
3.1. Direct collection from you
(a) We collect your Personal Information (directly or automatically) from you in a variety of ways, including if you:
(i) set up or update an account or other registration on the Willed Platform;
(ii) visit, access and use the Willed Platform;
(iii) purchase, access and use our Services (including when you purchase a Subscription) made available to you on, or via the Will Platform including when you use any support services that are provided by us or our Authorised Affiliates;
(iv) submit an enquiry to us via the Willed Platform or Help/Support Chat Box;
(v) participate in our surveys, competitions, promotions, questionnaires or other promotional activities or complete any forms or documents for our products or services or subscribe to our publications, alerts and newsletters; or
(vi) interact or communicate with us, such as by telephone, email or in person or make a comment on our social media sites.
(b) When we collect Personal Information directly from you, we will take reasonable steps to notify you (using a collection notice) at, before, or as soon as practicable after, the time of collection.
(c) As a collection notice is specific to a particular collection of Personal Information, it will provide more specific information about our information-handling practices than this policy.
(d) This policy is subject to any specific provisions contained in our collection notices and the terms and conditions of any offers, products and services. We therefore encourage you to read those provisions carefully.
(e) By providing your Personal Information to us, you acknowledge that you are authorised to provide such information to us.
3.2. Collection from will maker and donor
(a) If you have been appointed as an executor, beneficiary or guardian, we may collect Personal Information about you from a user of the Willed Platform and Services (in their capacity as a will marker/testator) who accesses and uses the Willed Platform and Services to create or generate a Will.
(b) If you have been appointed as an attorney/guardian/medical decision-maker, we may collect Personal Information about you from a user of the Willed Platform and Services (in their capacity as a donor) who accesses and uses the Willed Platform and Services to create or generate a Power of Attorney.
3.3. Collection from third parties
(a) We may also collect Personal Information from publicly available sources and third parties, including:
(i) from third parties (including our related bodies corporate, business partners, service providers and government agencies);
(ii) from your executors, beneficiaries, attorneys/guardians/medical decision-makers with whom we may deal with from time to time;
(iii) social media platforms including Facebook or LinkedIn;
(iv) banks, credit unions, financial institutions and third party payment processors;
(b) If you provide us with Personal Information about another individual (as their authorised representative), we rely on you to:
(i) inform them that you are providing their Personal Information to us; and
(ii) advise them that they can contact us for further information.
(e) You must take reasonable steps to ensure the individual is aware of, and consents to, the matters outlined in this Privacy Policy.
(f) Upon our request, you must also assist us with any requests by the individual to access or update the Personal Information you have collected from them and provided to us.
3.4. Third party payment processor
We use a third party payment processor to process payments made to us. In connection with the processing of such payments, we do not collect, process, use, share, store or disclose any Personal Information or payment information (such as credit card and bank account details). Rather, all such information is provided directly to our third party processor, Stripe, whose use of your personal information is governed by their privacy policy, which may be viewed at https://stripe.com/au/privacy.
4. How we use your Personal Information
4.1. Purposes of use and disclosure
(a) We only use, process, share and disclose your Personal Information for the purposes for which it is collected.
(b) In particular, we use, process, share and disclose your Personal Information to:
(i) to provide or deliver our Services to you, including, without limitation, to provide you with access to, and use of the Willed Platform (including Will and Power of Attorney templates and solutions),
(ii) to assist with, or responding to, your queries (including support services requests);
(iii) improve, develop and manage our Services and the Willed Platform, and to assist us in providing a better service to you;
(iv) operate, maintain, test and upgrade the Willed Platform and systems; and
(v) notify you of opportunities we think you might be interested in, including new product or service offerings (such as insurance products and services and legal, probate and conveyancing services), information about the Willed Platform, offers, competitions, promotions, events and surveys and general information relating estate planning, probate and estate administration;
(vi) to verify your identity;
(vii) to conduct fraud, risk reduction and creditworthiness checks;
(viii) to perform research and analysis about our Services and the Willed Platform, including usage patterns, trends, benchmarking and other statistical or behavioural data. Before we use your Personal Information for this purpose, we ensure Personal Information is made anonymous by removing data that can identify you;
(ix) to comply with regulatory or other legal requirements,
(x) for any purpose to which you have consented; and
(xi) for any other purpose notified to you at the time of collection.
(c) In the event of a merger, acquisition or sale of the whole or part of our business or assets, we reserve the right to transfer your personal information as part of the transaction, without your consent or notice to you.
4.2. Disclosure to third parties
(a) We may provide your Personal Information (as well as, in relation to clause 4.2(a)(iv) below, your date of birth) to the following recipients:
(i) our employees, related entities, business partners, third party contractors, suppliers and agents from time to time for the purpose of delivering, providing and administering our promotions, deals, competitions, products, services and the Willed Platform. For example, we may disclose your Personal Information to our affiliated law firm, Willed Law Pty Ltd;
(ii) third party service providers who process or use your Personal Information for the purpose of performing functions on our behalf, but which may not process or use such information for any other purpose. Examples of these third-party service providers include, but are not limited to, cloud-based accounting software platforms, marketing and analysis organisations, financial and credit card institutions for the purpose of processing payments, hosting companies, web developers, internet service providers, customer service providers, customer support specialists, fulfilment companies and research and data analysis firms;
(iii) to your executors:
A. for the purpose of advising them that you have appointed them as the executors of your will and that a copy of your will and messages expressing your last wishes may be stored on the Willed Platform; or
B. after you pass away to assist them with applying for probate and to otherwise administer your estate;
(iv) to a specific charity, in circumstances where you have chosen to bequeath assets from your estate to the specific charity, for the purpose of contacting you or your executors; and
(v) external business advisors, such as auditors, lawyers (including the lawyers of your estate to assist them to apply for probate), insurers and financiers, (collectively, Authorised Affiliates).
(b) When we disclose your Personal Information to any of our Authorised Affiliates, we will ensure that they undertake to protect your privacy. These Authorised Affiliates are not permitted to use the information for any purpose other than the purpose for which they have been given access.
(c) Authorised Affiliates may also provide us with Personal Information collected from you. If you disclose Personal Information to an Authorised Affiliate, we rely on you to provide the Authorised Affiliate with consent for us to collect, store, use, process, alter and disclose your Personal Information.
(d) We may also disclose any Personal Information we consider necessary to comply with any applicable law, regulation, legal process, governmental request or industry code or standard.
(vi) third party entities with which we have a referral arrangement for the purposes of such third party entities managing their relationship with you and managing the referral arrangement with us.
4.3. Overseas disclosure
(a) In the course of providing you with our Services and the Willed Platform, it may become necessary or desirable to disclose Personal Information to our Authorised Affiliates located overseas. The countries in which these overseas recipients may be located will depend upon the individual circumstances. However, in the course of our ordinary business operations we commonly disclose Personal Information to Authorised Affiliates located in countries such as the United States where our third party payment processor, Stripe, is located.
(b) The laws where these overseas recipients may be located provide various levels of protection for Personal Information which are not always equivalent to the level of protection that may be provided for in Australia. Where we transfer your Personal Information overseas, we will take reasonable steps to ensure that your Personal Information is treated securely and the means of transfer provides adequate safeguards.
(c) If you have any questions in relation to the transfer of your Personal Information please contact us using the contact details set out below.
4.4. Disclaimer
(a) We will not disclose your Personal Information to any third party (other than our Authorised Affiliates) without your written consent, unless:
(i) we are otherwise required by the Privacy Act;
(ii) we are permitted to under this policy; or
(iii) such disclosure is, in our opinion, reasonably necessary to protect our rights or property, avoid injury to any person or ensure the proper functioning of the Willed Platform.
(b) This policy only covers the use and disclosure of information we collect from you. The use of your Personal Information by any third party is governed by their privacy policies and is not within our control.
5. Storage and security
5.1. Protecting your Personal Information
(a) We take reasonable steps in the circumstances to keep your Personal Information safe. We use a combination of technical, administrative, and physical controls to protect and maintain the security of your personal information, including use of Secure Sockets Layer (SSL) which is an encryption technology used to protect data as it travels over the internet.
(b) Our officers, employees, agents and third-party contractors are expected to observe the confidentiality of your Personal Information.
(c) Wherever possible, we procure that Authorised Affiliates who have access to your Personal Information take reasonable steps to:
(i) protect and maintain the security of your Personal Information; and
(ii) comply with the relevant APPs when accessing and using your Personal Information.
5.2. No guarantee
(a) The transmission of information via the internet is not completely secure. While we do our best to protect your Personal Information, we cannot guarantee the security of any Personal Information transmitted through the Willed Platform.
(b) You provide your Personal Information to us at your own risk and we are not responsible for any unauthorised access to, and disclosure of, your Personal Information.
5.3. Destruction of Personal Information
We will destroy or de-identify Personal Information where it is no longer required, unless we are required or authorised by law to retain the information.
6. Notifiable Data Breaches Scheme
In the event of any loss, or unauthorised access or disclosure of your Personal Information that is likely to result in serious harm to you, we will investigate and notify you and the Australian Information Commissioner as soon as practicable, in accordance with notifiable data breach scheme contained in Part IIIC of the Privacy Act.
7. Direct marketing
7.1. Your consent
(a) We may use and disclose your Personal Information to send you information about our Services and the Willed Platform as well as other products, services and information that may be of interest to you (including, but not limited to insurance products and services and legal services (such as professional executor, conveyancing and probate services) offered by our Authorised Affiliates;
(b) We may send this information to you via the communication channels specified at the time you provide your consent.
(c) These communication channels may include mail, email, SMS telephone, social media or by customising online content and displaying advertising on the Willed Platform.
(d) If you do not wish to receive any of these marketing communications, you can opt out by following the unsubscribe instructions included in the relevant marketing communication, or by contacting us using the contact details set out below.
7.2. Opting-out
You can opt out of receiving these communications by:
(i) contacting us using the details below; or
(ii) using the unsubscribe function in the email or SMS.
8. Links to other sites from the Willed Platform
(a) The Willed Platform may contain hyperlinks or banner advertising to or from third-party websites.
(b) We do not endorse any of these third parties, their products or services, or the content on these websites.
(c) These websites are not subject to our privacy standards, policies and procedures. Therefore, we recommend that you make your own enquires about their privacy practices.
(d) We are in no way responsible for the privacy practices or content of these third-party websites.
9. Cookies policy
(a) We may collect information when you access and use the Willed Platform by utilising features and technologies of your internet browser, including cookies, pixel tags, web beacons, embedded web links and similar technologies. A cookie is a piece of data that enables us to track and target your preferences.
(b) The type of information we collect may include statistical information, details of your operating system, location, your internet protocol (IP) address, the date and time of your visit, the pages you have accessed, the links which you have clicked and the type of browser that you were using.
(c) We may use cookies and similar technologies to:
(i) enable us to identify you as a return user and personalise and enhance your experience and use of the Willed Platform; and
(ii) help us improve our service to you when you access the Willed Platform and to ensure that the Willed Platform remain easy to use and navigate.
(d) Most browsers are initially set up to accept cookies. However, you can reset your browser to refuse all cookies or warn you before accepting cookies.
(e) If you reject our cookies or similar technologies, you may still use the Willed Platform but may only have limited functionality of the Willed Platform.
(f) We may also use your IP address to analyse trends, administer the Willed Platform and other websites we operate, track traffic patterns and gather demographic information.
10. Access rights
(a) We will use our reasonable endeavours to keep your Personal Information accurate, up-to-date and complete.
(b) You have the right to access any Personal Information we hold about you, subject to some exceptions provided by the Privacy Act.
(c) You can access, or request that we correct, your Personal Information by writing to us using the details below. We may require proof of identity.
(d) If we do not allow you to access any part of your Personal Information, we will tell you why in writing.
(e) We will not charge you for requesting access to your Personal Information but may charge you for our reasonable costs in supplying you with access to this information.
(f) We will endeavour to respond to your request for access or correction within 1 month from your request.
11. Consent
You expressly and freely acknowledge and agree that we, our Authorised Affiliates and each of their officers, employees, agents and contractors are permitted to collect, process, use, share, store, disclose, alter and destroy your Personal Information in accordance with this Privacy Policy and the Privacy Act.
12. Changes to the policy
(a) We may amend this Privacy Policy from time to time at our sole discretion.
(b) Any revised Privacy Policy will be posted on the Willed Platform and effective from the time of posting.
(c) Your continued use of our products, services or the Willed Platform following the posting of any revised Privacy Policy indicates your acceptance of the changes to the Privacy Policy.
(d) You should regularly check and read the Privacy Policy.
13. Complaint
(a) If you have any issues about this Privacy Policy or the way we handle your Personal Information, please contact us using the details below and provide full details of your complaint and any supporting documentation.
(b) At all times, privacy complaints:
(i) will be treated seriously;
(ii) will be dealt with promptly;
(iii) will be dealt with in a confidential manner; and
(iv) will not affect your existing obligations or your commercial arrangements with us.
(c) Our Privacy Officer shall endeavour to:
(i) respond to you within 10 business days; and
(ii) investigate and attempt to resolve your concerns within 30 business days or any longer period necessary and notified to you by our Privacy Officer.
(d) If you are dissatisfied with the outcome of your complaint, you may refer the complaint to the Office of the Australian Information Commissioner.
14. Contact us
You can contact us by:
(a) email to [email protected]
(b) telephone on 1300 945 533