Client Confidentiality and Privacy Policy

Business Portal
ABN: 75 853 781 035

Client Confidentiality and Privacy Policy

• Business Portal requires certain information from clients to enable it to provide them with Business Portal's services.
• Business Portal considers the protection of its clients' Confidential Information of paramount importance.

• All Confidential Information is dealt with by Business Portal in accordance with the terms of the following policy.

Definitions and interpretation

For the purpose of this Policy, unless the contrary intention appears:

'Approved Purpose' means the use of the client's information by Business Portal to provide advice and assistance on the establishment or administration of business enterprises or any like service;

'Business Portal' includes the proprietor thereof and any of its employees, officers, agents or contractors.

'Confidential information' means all information provided by a client or its agent to Business Portal, including:

1. private information, including all personal details and information;
2. trade secrets, including ideas and concepts not reduced to material form;
3. technical information and technical drawings;
4. financial information about the client;
5. commercial information about the client or persons with whom the client deals, including details of agreements with employees, contractors, customers and others;
6. product and market information; and
7. any information marked "confidential" or which the client informs Business Portal is confidential or a trade secret;
but excluding:

1. information available to the public (other than through disclosure by Business Portal or by a person to whom Business Portal disclosed the Confidential Information);
2. information which Business Portal can prove it lawfully possessed before obtaining it from the client;

'Client' means and includes any person who has consulted with, approached and/or engaged Business Portal for or in relation to the Approved Purpose.

'Regulatory Body' means any Federal or State Minister of the Crown, government or quasi government agency or statutory authority whose approval or consent is necessary for the Approved Purpose.

Ownership
Business Portal acknowledges that, subject to agreement stating the contrary, Confidential Information remains at all times the property of the client.

Business Portal's Obligations

1. Business Portal will comply with all applicable law with respect to the client's Confidential Information.

2. Business Portal will take all reasonable steps necessary to safeguard the confidentiality of all Confidential Information.

3. Business Portal may use the Confidential Information only:

(a) for the Approved Purpose;
(b) for any purpose required by law, including those required by privacy laws;
(c) for the purpose of carrying out debt-recovery functions;
(d) for the purposes of receiving advice from a lawyer, accountant, financial planner or other like person for the Approved Purpose;
(e) to the extent and for a purpose to which the client has consented in writing.

4. Business Portal must not profit from the use of the Confidential Information, except in respect of the Approved Purpose.

5. Business Portal may disclose the Confidential Information only:

(a) to a person if:
(i) Business Portal has informed that person of the confidential nature of the Confidential Information; and
(ii) it is necessary for Business Portal to disclose the Confidential Information for the Approved Purpose; or
(b) to the extent and for a purpose to which the client has consented in writing; or
(c) to the extent necessary for Business Portal to institute debt-recovery functions, with or without the client's consent; or
(d) to the extent required by law, including privacy laws, with or without the client's consent; or
(e) for any other reasonably expected or necessary purpose, with or without the client's consent.

6. Business Portal may copy or print the Confidential Information only if the client has consented in writing.

7. Business Portal may communicate with a Regulatory Body about the Approved Purpose or the Confidential Information only if the client has consented in writing.

8. Business Portal must keep all the Confidential Information in a secure manner.

9. On demand by the client, subject to Clause 10, Business Portal must:

(a) deliver to the client all the Confidential Information in Business Portal's possession or control;
(b) delete all the Confidential Information held electronically in any medium in Business Portal's possession or control; and
(c) destroy all documents (including analyses, compilations, reports and memoranda) which were prepared by or for Business Portal and which were based wholly or partly on the Confidential Information, and delete all such documents held electronically in any medium in Business Portal's possession or control.
(d) Subclause (c) above will be satisfied where only part of the document is destroyed or deleted if that part is the only reference to the Confidential Information.

10. Clause 9 does not apply where:

(a) Business Portal is retaining the Confidential Information for the purposes of undertaking debt-recovery functions; or
(b) Business Portal is retaining the Confidential Information for any purpose required by law, including privacy laws.
(c) The Confidential Infomration retained for any of the purposes in this clause 10 is limited to the information necessary for those purposes.

11. Business Portal will immediately report to the client any unauthorised use, disclosure, copy or printing of the Confidential Information of which Business Portal becomes aware.

12. Business Portal will use reasonable efforts to obtain the return or destruction or deletion of any unauthorised copy or print-out of the Confidential Information.

Survivorship of obligations
13. Business Portal will continue to abide by this policy after the completion on the Approved Purpose.

Limitation of Liability
14. Business Portal accepts no responsibility or liability for any injury, loss or damage of any nature whatsoever resulting from any unauthorised or illegal access or use of any Confidential Information within the possession, power or control of Business Portal.

Business Portal
Client Confidentiality and Privacy Policy 2012.