Terms & Conditions

Policy Statement

We strive to protect the personal information of our stakeholders including but not limited to our clients, potential clients, partners, potential partners, employees, applicants for employment, contractors and potential contractors (“Stakeholders”).  The Privacy Act 1988 (Cth) (“Act”) governs the way we collect, use, disclose and store our Stakeholders’ personal information. This Privacy Policy describes how we aim to adhere to the principles contained within the Act.

Application

Personal information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion (“Personal Information”). Examples of Personal Information of Stakeholders which may be collected, used and/or stored by Cohen Handler are:

  • name and address;
  • email address;
  • computer IP address;
  • phone numbers;
  • personal real estate preferences;
  • information regarding previous dealings with us.

Policy Detail

(a) Collection of Information

We may collect Personal Information from Stakeholders in various ways, including dealing with you in person, over the telephone, through the Cohen Handler website (“Website”) or email server, or through customer feedback or survey forms.  Sometimes we may collect Personal Information from a third party but only if the individual has consented to such collection, or from a publicly available source.  If a Stakeholder visits our Website (e.g. fills in online forms, participates in a blog and/or joins our mailing list) or sends us an email we may collect Personal Information from Stakeholders from these sources.

(b) Use and Disclosure of Personal Information

The information we collect about Stakeholders is used for reasons directly related to our business to allow us to perform the services you expect from us. For example, we may use Personal Information of Stakeholders to provide you with information and updates (such as marketing materials), to undertake statistical analysis, for accounting purposes or to evaluate the effectiveness of the services we provide.

We may disclose the Personal Information of Stakeholders to any of our Associated Entities as we see fit for the purposes of our business and as otherwise provided by law.  If we disclose Personal Information to any of our Associated Entities they may use it for the same purposes that we may.

We may also disclose the Personal Information of Stakeholders to contracted parties whom we trust to perform services on our behalf (including contractors, IT companies, marketing or PR agencies and other third parties we may engage to assist in the operation of our business).  These persons will only have access to such Personal Information required by them to perform their functions and may not use such Personal Information for any other purpose.

Additionally, we may disclose Personal Information regarding Stakeholders where it is disclosed by us in a manner that does not readily permit identification of Personal Information relating to the Stakeholder.

Other than in the circumstances described above, we will not disclose a Stakeholder’s Personal Information unless:

  • they have given their consent;
  • they would reasonably expect, or have been told, that information of that kind is usually passed to a third party. Third parties may include without limitation real estate agents, property owners and lessees;
  • it is required by law;
  • it is already within the public domain;
  • it will lessen or prevent a serious and imminent threat to an individual’s life or health.

(c) Cookies and Statistical Analysis

The Website uses cookies. When a User visits the Website, certain information on a user’s use and behaviour on the Website may be recorded for statistical purposes, including information regarding a user’s:

  • server address;
  • domain name;
  • date and time of visit;
  • previous websites visited; and
  • browser type.

(d)  Site and Information Security and Storage

Upon receipt of a Stakeholder’s Personal Information we take all reasonable steps to protect that information against loss, unauthorised access, use, modification or disclosure. We store the Personal Information in a secure environment to include password protected electronic files, maintaining virus protection software, securing paper files in locked cabinets and ensuring physical access is restricted to authorised personnel.

Although we have implemented substantial security measures in relation to Personal Information, as the Website is linked to the internet (and the internet is inherently insecure) we cannot provide any guarantee regarding security of the Personal Information and other data transmitted to the Website.  We will not be liable in any way in relation to any breach of security or unintended loss or disclosure of Personal Information or other data due to the Website being linked to the internet.  When we no longer need your Personal Information and there is no obligation under law to retain the Personal Information, we will take steps which are reasonable in the circumstances to delete or de-identify the Personal Information.

(e)  Third Party Sites

The Site may contain links to and from the websites of third parties (“Third Party Sites”).  If you follow a link to any of these Third Party Sites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for the use of any Personal Information or other data by third parties.

(f)   Transfers of Personal Information outside Australia

The Personal Information that we collect from Stakeholders may be transferred to, and stored at, a destination outside Australia.  The Personal Information may also be processed by individuals working outside of Australia who work for any of the Associated Entities or are our agents or contractors.  Such processing may, for example, be required in order to provide support services to us.

(g)   Access to and quality of your Personal Information

If a Stakeholder wishes to correct or remove any of the details they have submitted to us, they may do so by contacting us via the details listed below.  Our security procedures mean that we may request proof of identity before we reveal Personal Information.

We will take reasonable steps to ensure at all times that the Personal Information we keep about Stakeholders is accurate, complete and up to date.  In order to achieve this, we may monitor Stakeholders’ Personal Information and will update our database when any Stakeholder informs us of any change to their details.  A Stakeholder has the right to request corrections of any inaccurate information.

If a Stakeholder requests to see what Personal Information we hold about them, we will grant access unless we consider there is reasonable grounds to refuse, for example, where that disclosure would unreasonably interfere with the privacy of another individual.

(h)  Contact Information

You may direct any questions or concerns that you have regarding this Privacy Policy to:

Managing Director – Ben Handler

E: ben@cohenhandler.com.au

T: 1300 244 768

We will respond to you as soon as possible.

(i)  Privacy Policy Amendment

We reserve the right to amend this Privacy Policy at any time and will publish all amendments on our Website.

DISCLAIMER TO GENERAL INFORMATION

The contents of this publication, current at the date of publication set out above, are for reference purposes only. They do not constitute financial and/or legal advice and should not be relied upon as such. Specific advice about your specific circumstances should always be sought separately before taking any action based on this publication.

THIRD PARTY DATA

Cohen Handler incorporates information sourced from Third Party Data Providers. All Third Party Data Providers have exclusive proprietary rights in their respective information and data. Third Party Data is provided by third parties beyond our control and we do not take responsibility for its content or for any delays, interruptions or errors in it.

LIABILITY

You agree that any errors made in entering your contact information and communication are your responsibility and Cohen Handler is not liable for any consequences that may arise as a result of such errors or incorrect information.

Cohen Handler is not liable to you for any loss or damage incurred by you in connection with your subscription portal service, whether direct, consequential, special, indirect or other loss or damage.

CONDITIONS & WARNINGS OF USE

Cohen Handler reserves the right to refuse access to the Service to anyone for any reason at any time.

Cohen Handler reserves the right to force forfeiture of any username for any reason.

Cohen Handler’s BUY SIDE Service & Research Community complies with ASIC Regulatory Guideline 162 for Internet Discussion Sites. Please visit www.asic.gov.au for further information on this guideline.

  1. Any information posted on the website has been prepared without taking into account your objectives, financial situation or needs and as such, you should before acting on the information or advice, consider the appropriateness of the information or advice in relation to your objectives, financial situation or needs. Please be aware that any information posted on this site should not be considered to be financial product advice.
  2. no one is permitted to make postings on Cohen Handler’s Community in their capacity as a representative of an AFSL Holder or as an Authorised representative of an AFSL Holder;
  3. postings are at best general information, not professional investment advice prepared by taking into account any individual circumstances and needs of particular investors. Therefore, before acting on the basis of what is said in a posting, you should:

–          consider consulting a licensed Buyer’s Agent

–          consider consulting a licensed adviser (ASIC’s website at www.asic.gov.au has a list of licensed advisers); and

  1. people making postings are individually responsible for the accuracy and authenticity of their postings;
  2. you are personally responsible for your postings (including any alterations that you make to postings). Therefore, you should not include any misleading or deceptive information in your postings and not carry out illegal or unauthorised activities using the Community Service. Information in postings may, where appropriate, be made available to ASIC. ASIC and people acting on such information may take action against you;
  3. if you include hyper-links to other sites, you may be seen as endorsing the material on such sites. It may be advisable to you to warn people accessing other sites that you do not endorse or take responsibility for material in the hyper-linked sites;
  4. if you own or have some other interest in a security, or you have any connection with a securities issuer that you might benefit from, you must disclose that fact. For example, you may be entitled to receive direct or indirect commissions, fees or other benefits from a financial product or service provider; or you may be associated with a particular securities issuer such as by being an employee or director of a securities issuer. If so, you must disclose that fact in your posting; and
  5. if the IDS operator (Cohen Handler) finds or reasonably suspects that you are making illegal or unauthorised postings, your right to make postings will be withdrawn.
  6. no one is permitted to make postings on Cohen Handler in their capacity as a representative of an AFSL Holder or as an Authorised representative of an AFSL Holder. By accepting these terms you confirm that you will not make postings in your capacity as a representative of an AFSL Holder or an authorised representative of an AFSL Holder.

MEMBER CONDUCT

You understand that all information, data, text, photographs, graphics, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Cohen Handler, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Cohen Handler does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Cohen Handler be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

a)       upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

b)      impersonate any person or entity, including, but not limited to, a Cohen Handler official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

c)       upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

d)      upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;

e)       upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;

f)       upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

g)      collect or store personal data about other users.

You acknowledge that Cohen Handler may or may not pre-screen Content, but that Cohen Handler and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Cohen Handler and its designees shall have the right to remove any Content that violates stated terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Cohen Handler or submitted to Cohen Handler, including without limitation information in Cohen Handler Message Boards, and in all other parts of the Service.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Cohen Handler and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

COPYRIGHT

Cohen Handler does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Cohen Handler the following world-wide, royalty free and non-exclusive license(s), as applicable:

With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than Cohen Handler Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

Cohen Handler makes no representations or warranties with respect to the ownership of, or copyright in, content on this website uploaded, linked or otherwise disseminated by users of our service and in no way represent others who claim to be authors, creators or owners of copyright or other rights thereto. You shall obtain all permission(s) when required and are solely responsible for determining the existence of such rights, satisfying any copyright or other use restrictions, intangible rights, or related interests for obtaining any and all permissions and releases, for guarding against the infringement of those rights that may be held elsewhere, and for paying any associated fees necessary for the reproduction or use of the materials and for rights to any proprietary material depicted, and you expressly assume all responsibility for observing applicable laws of copyright, literary right, trespass, conversion, property right, privacy, publicity and defamation.

INDEMNITY

You agree to indemnify and hold Cohen Handler, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including but not limited to any claim by a third party for defamation, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOU, or your violation of any rights of another.

You agree that should you find any offending information, on the Cohen Handler website you will immediately contact Cohen Handler support via the support feature available on the website and ask that it be removed. This includes any content that could reasonably be regarded as likely to be defamatory, misleading or deceptive, or which would amount to illegal or unauthorised activities (for example insider trading or unauthorised offerings of securities). You also agree that Cohen Handler has 24 business hours to remove the offending material.

You expressly understand and agree that Cohen Handler shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Cohen Handler has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Cohen Handler account), use of the Service, or access to the Service.

MODIFICATIONS TO SERVICE

Cohen Handler reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Cohen Handler shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

 

COHEN HANDLER’S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Cohen Handler or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

The Cohen Handler logo, trademarks and service marks and other Cohen Handler logos and product and service names are trademarks of Cohen Handler Pty Ltd. Without the prior permission of Cohen Handler Pty Ltd you agree not to display or use in any manner, the Cohen Handler logo and trademarks.

 

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