Privacy Policy
1. Overview
QANTM Intellectual Property Ltd (ACN 612 441 326) (QANTM) is committed to respecting the privacy of an individual's personal information including personal information relating to our clients, visitors to our websites and other members of the public.
This Policy describes the collection, retention, management, use, and disclosure of personal information by QANTM (also referred to us in this Policy as we, us and our).
In this Policy, personal information generally means information or an opinion about an identified individual, or an individual who is reasonably identifiable, regardless of whether the information or opinion is true or recorded in a material form (for example, a person's name, address, phone number, tax file number or bank account number).
If information does not disclose a person's identity or enable an identity to be ascertained, or if information is not "about" an individual but may incidentally enable an individual to be identified, in most cases it will not be classified as "personal information", and it will not be subject to this Policy.
QANTM is part of the QANTM Group which includes the intellectual property (IP) services business listed below. The other members of the QANTM Group and their third-party partners (as the case may be) have their own privacy notices and other terms that provide further information about a person's privacy, in the particular circumstances of dealing with those parties. As such this Privacy Policy applies solely to personal information held by QANTM and its related entities which do not form part of the operating businesses referred to below.
2. Application of privacy laws
The QANTM Group includes eight IP services businesses operating under four key brands:
Davies Collison Cave, including:
Davies Collison Cave Pty Ltd - an incorporated patent and trade mark attorney business operating in Australia and New Zealand (DCC);
Davies Collison Cave Law Pty Ltd - an incorporated legal practice operating in Australia (DCC Law);
Davies Collison Cave Asia Pte Ltd - an incorporated patent and trade mark attorney business operating in Singapore (DCC Asia);
DCC Hong Kong Limited - an incorporated patent and trade mark attorney business operating in Hong Kong (DCC Hong Kong); and
DCC Advanz Malaysia Sdn Bhd – a specialist intellectual property advisory company operating in Malaysia (DCC Advanz);
FPA Patent Attorneys, including:
FPA Patent Attorneys Pty Ltd - an incorporated patent attorney business operating in Australia and New Zealand (FPA); and
FPA Patent Attorneys Asia Pte Ltd - an incorporated patent attorney business operating in Singapore (FPA Asia);
Sortify.tm Limited – a New Zealand-headquartered incorporated trade mark legal technology company (Sortify); and
QANTM Valuations – an Australian headquartered business providing IP valuation services, which also has employees on the ground in Singapore (QANTM Valuations).
These IP services businesses and the other members of the QANTM Group comply with the privacy laws applying in the countries in which they operate. These include the Australian Privacy Act 1988 (Cth) and the Australian Privacy Principles established under that Act, the New Zealand Privacy Act 2020, the Singaporean Personal Data Protection Act 2012, the Hong Kong Personal Data (Privacy) Ordinance (Cap. 486) and the Malaysian Personal Data Protection Act 2010. If a requirement of an applicable local law varies from the principles set out in this Policy, the relevant QANTM Group member will comply with the local legal requirement.
QANTM Group members may sometimes deal with personal information relying on exemptions under applicable laws, examples of which may include (in relevant circumstances) dealing with employee records, and sharing of information with related bodies corporate, and in connection with providing services to relevant authorities. Any permitted handling of personal information under such exemptions will, to the extent of such permission, also be permitted under this Policy.
3. Our obligations of confidentiality and your consent
The businesses of QANTM that provide professional services operate independently of each other in the provision of professional services to their clients, in full compliance with the law, professional standards, ethical duties, and codes of conduct.
Our registered patent and trade mark attorneys practising in Australia and New Zealand are bound by the Code of Conduct for Trans-Tasman Patent and Trade Marks Attorneys (2018) (the Code of Conduct). Our incorporated legal practice, Davies Collison Cave Law Pty Ltd and the solicitors employed by it are bound by the Solicitors' Conduct Rules in place in the various Australian jurisdictions in which they are registered to practise.
To comply with the Code of Conduct and the Solicitor's Conduct Rules, rigorous security and data protection protocols ensure that there is no sharing of client confidential information between the professional services practices within the QANTM Group. Client files and records are maintained separately and matters are conducted separately by each professional services practice within the QANTM Group. There is no disclosure of confidential information relating to the conduct of professional services matters unless:
the client has given their informed consent (for example, to the engagement of another QANTM Group member to provide professional services, such as legal advice in relation to the protection of an IP right or services in another jurisdiction); or
where disclosure is compelled by law (for example, disclosure under a court subpoena, or to government agencies such as Tax Offices or law enforcement agencies).
4. Collection and holding of personal information
4.1. How we collect and hold personal information
In the course of conducting our business, we may collect personal information from numerous sources, including clients and potential clients, visitors to our website, business associates, suppliers of goods and services, shareholders and potential investors in QANTM.
For example:
we will record names, addresses and other pertinent details comprising personal information when we take instructions on a professional matter, and potential clients will provide personal information when completing forms associated with becoming a client of a QANTM Group member;
an individual may provide us with personal information when using our websites, attending events or presentations hosted by us, contacting us to request information, providing feedback or applying for employment, or in the course of ordinary business dealings.
Generally, we collect personal information directly from the individual. However sometimes it may be collected from publicly available sources, including social media platforms, information brokers and third parties. For example, in providing us with instructions on a professional matter, a person who is the authorised contact for a client matter may provide us with their own personal information, as well as information in relation to other members of their organisation which may be relevant to the conduct of the matter.
We hold personal information electronically, at our own facilities and with the assistance of our service providers. We implement a range of technical and organisational measures and security controls to protect the security of the personal information we hold. Examples of those measures include access to personal information being controlled through access and identity management systems, encryption of data and maintaining an ongoing program where we continually assess and review our cyber security controls.
Under Australia's Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (AML/CTF Act), we may be required to collect personal information, especially when you wish to receive legal services from us. The AML/CTF Act requires us to collect personal information for the purpose of verifying your identity. The personal information may include identification documents such as passports or driver's licences, your address and details about your ownership or control of companies and other legal entities. In some cases, we may be required to disclose the personal information to AUSTRAC.
If you choose not to provide us with the personal information we request, we may not be able to provide the relevant service or otherwise fulfil our professional or contractual obligations to you.
4.2. Types of personal information collected
Some information that we collect may, depending on the circumstances, be classifiable as "personal information". This may in some instances include, for example, names, dates and place of birth, contact details such as phone number, fax number, address and email, tax file number, passport details, visa, banking and credit card details. We may conduct reference checks, and collect superannuation details, or family contact details in connection with considering applications for employment or contract roles.
5. Disclosure of personal information
5.1. Disclosure to specialists in connection with professional services
Depending on the nature of the work which we are undertaking, we may, with our client's agreement, instruct local or overseas specialists, such as foreign associates (to assist with obtaining advice in respect of, or an application for, an intellectual property right in an overseas jurisdiction), barristers (to assist with a litigation matter), investigators, experts, or other law, patent or renewal agents. In the course of doing this, we may disclose personal information relating to a client or its representatives, to enable the specialist to provide the necessary service, or to determine whether a conflict of interest exists.
5.2. Emergencies and legal requirements
In some situations, such as emergencies or where required by law, QANTM may be required to assist government agencies, such as law enforcement agencies or the Australian Tax Office, by providing access to certain personal information that we hold.
5.3. Other disclosures
We may share personal information where permitted by law with third parties including our clients, a person's employer or place of business, or other service providers, including organisations that assist us by providing archival, auditing, professional advisory (including legal, accounting, financial and business consulting), mailhouse, graphic design, printing, delivery, technology, website, research, banking, payment, customer contact, data processing and security services. Where appropriate, QANTM may share personal information (other than sensitive information and, unless a client has consented, confidential information related to conduct of a professional services matter) with its related bodies corporate, which are listed on the QANTM website (www.qantmip.com).
5.4. Overseas transfers
a.
An individual's personal information may be transferred overseas or stored overseas for a variety of reasons, including obtaining professional services at a client's request in relation to an overseas jurisdiction, or disclosure to a government agency administering intellectual property in an overseas jurisdiction. The QANTM Group has member businesses operating in Australia, Hong Kong, Malaysia, New Zealand and Singapore and personal information may be shared with those members in the course of providing services and conducting our business. Personal information may also be disclosed to foreign associates, overseas intellectual property authorities, and providers of technology and other services located in other jurisdictions worldwide, depending on the nature of the services provided and client instructions. Where it is not practicable to identify every additional country to which personal information may be transferred, we take reasonable steps to ensure that personal information is protected in accordance with the applicable legal obligations.
b.
In some circumstances, the European Union General Data Protection Regulation (GDPR) provides additional protection to individuals located in jurisdictions covered by the EU GDPR or the corresponding UK GDPR. Where this is the case, there may be additional rights and remedies available to a person in respect of whom QANTM holds personal information.
6. Additional information for website users
a.
If an individual visits QANTM's website to read, browse or download information, QANTM's system(s) may record information such as the date and time of the visit to the website, the pages accessed and any information downloaded. This information is used for statistical, reporting and website administration and maintenance purposes only.
b.
The information about an individual which may be collected by QANTM through its website includes:
i.
information collected when an individual registers or updates an online profile, which may include personal information such as name and contact details;
ii.
the content of electronic forms submitted via the website, requesting QANTM to provide services or information or take actions;
iii.
any messages or comments submitted to us via the website (e.g. through an email in the 'Contact Us' area);
iv.
information collected when an individual participates in an online survey; and
v.
information an individual provides in seeking employment within QANTM.
c.
Like many websites, QANTM's website may use 'cookies', which are small text files that are transferred to a computer's hard drive through a web browser to enable its systems to recognise an individual's browser. Cookies may also be used to record non-personal information such as the date, time or duration of a visit, or the pages accessed, for website administration, statistical and maintenance purposes. The default settings of some browsers allow cookies, but users can easily erase cookies from their hard-drive, block all cookies, or receive a warning before a cookie is stored. Please note that some parts of QANTM's website may not function fully for users that disallow cookies.
d.
QANTM may engage third party services from time to time for website or email monitoring, reporting and analysis purposes (e.g. Google Analytics). Those services may also use cookies and gather anonymous web usage information through QANTM's website.
e.
Cookies and the information referred to above in relation to website usage is not used to identify individuals unless required by law, or where the website is accessed via links in an email that QANTM has sent which specifically refers to the fact that clicking on links from the email may be tracked.
f.
While QANTM takes great care to protect personal information on its website, unfortunately no data transmission over the internet can be guaranteed to be 100% secure. Accordingly, QANTM cannot ensure or warrant the security of any information sent to it or received from it online. This is particularly true for information sent via email. If an individual is concerned about providing sensitive or confidential information online, please contact QANTM using the details below.
g.
QANTM's website may contain links to other sites. QANTM is not responsible for the privacy practices or policies of those sites.
7. Accessing and updating personal information
a.
If you wish to seek access to, or to request correction of, any of your personal information held by QANTM, you should contact QANTM using the details below, and provide as much detail as possible about the particular information sought, in order to help retrieve it. We may need to verify your identity before fulfilling your request.
b.
We will endeavour to respond to an access or correction request within 30 days of receipt of the request. We will not charge for making such a request, but we may recover our reasonable costs incurred in providing access.
c.
In some cases, QANTM may not be required by law to provide access to, or to correct, personal information and if that is the case, QANTM will give reasons for its decision.
d.
If an individual asks us to correct personal information which they consider to be inaccurate, but we decline on the basis that we consider it to be accurate, we will if requested include a notation on the record regarding their views as to the accuracy of that information.
8. Changes to this policy
We reserve the right to change and modify this Privacy Policy at any time without prior notice.
9. Questions and complaints
a.
If an individual has a question, complaint or request concerning the privacy of their personal information, please contact us at the following addresses:
Mail:
QANTM Intellectual Property Pty Ltd
Attention: Company Secretary
GPO Box 4387
Melbourne VIC 3001
Telephone:
+61 3 9254 2666
Email:
b.
In relation to complaints, we may seek further information from a person making a complaint, to verify their identity and to clarify their concerns. If we agree that a complaint is well founded, we will take appropriate steps to rectify the problem, in consultation with the person making the complaint. If the person is still dissatisfied with the outcome, they may ask us to reconsider our decision or refer the matter to the Office of the Australian Information Commissioner, at:
GPO Box 5218 Sydney NSW 2001
Telephone:
1300 363 992
Email:
Website: