Privacy Policy & Terms of Use

OUR PHILOSOPHY


T.S. Burstow Funerals Pty Ltd (we or us) are committed to protecting and respecting your privacy by handling all Personal Information securely and with care in accordance with the Australian Privacy Principles (theAPPs) as set out in thePrivacy Act 1988 (Cth) (the Act).

This Privacy Policy explains how we collect, use and manage your Personal Information and we ask that you please read this policy so understand our practices regarding any Personal Information that you disclose to us.

WHAT IS PERSONAL INFORMATION

Personal Information in any information or an opinion about you that identifies you or that could reasonably identify you. This could include information such as your name, contact details, birthdate etc.

WHAT INFORMATION WE COLLECT

The Personal Information that you supply to us enables us to provide services to you.

The kind of Personal Information we collect and hold depends on the type of services you ask us to provide to you and may include your name, mailing and email address, telephone number and contact preference.

HOW WE COLLECT AND HOLD PERSONAL INFORMATION

During the course of providing our services to you we will collect Personal Information from you by asking you verbally for that information or asking to you complete forms or documents necessary to enable us to provide you with the goods and services you have requested from us.

These forms and documents might include things like contracts, insurance and/or bond documentation,Births, Deaths and Marriages Registration Act 2003(Qld) forms, and any other form or document reasonably associated with the services we provide.

Any Personal Information we collect in hard copy is stored in our secure business premises. Personal Information that we hold electronically is stored on our servers, in our secure business premises.

THIRD PARTY PERSONAL INFORMATION

Occasionally, we may ask you for Personal Information about other people, for example, your family. If you provide us with this information, we rely on you to tell those people that you are giving their Personal Information to us and to make them aware of this Privacy Policy.

HOW WE USE YOUR PERSONAL INFORMATION

We may collect, hold, use or disclose your Personal Information for a number of purposes including:

  • to provide services to you;
  • internal record keeping;
  • to personalise any correspondence we may have with you;
  • to improve our website content (we are constantly trying to improve our website experience and therefore any feedback you may provide could be used to achieve this goal);
  • to complete documentation to register a death;
  • to publish various notices including funeral, death and bereavement notices;
  • to provide information to third parties you have authorised us to engage (for example florists, photographers etc);
  • to disclose information required by law, regulation or court order;
  • to send periodic correspondence (electronically or by post) which may contain updates on our business;
  • to invite you to events, such as our Remembrance Services;
  • to communicate with you regarding content posted by you on our website;
  • to provide information to Funeral Studio who manage and monitor our eTributes (online memorials).


We will not use your Personal Information for purposes other than described above unless we have your consent or there are specified law enforcement or public health and safety reasons (as permitted under the Act).

Whilst we will not directly disclose your Personal Information to overseas recipients without your consent, the entities to which we may disclose your Personal Information may do so. We are unable to say what countries, if any, those recipients are likely to be located in.

HOW WE PROTECT YOUR PERSONAL INFORMATION

We are committed to ensuring your Personal Information is secure. We will take all reasonable steps to protect the security of your Personal Information held by us from misuse and loss and from unauthorised access, modification or disclosure. In order to prevent unauthorised access or disclosure, we have put in place electronic and managerial procedures to safeguard and secure the Personal Information we collect.

All Personal Information we no longer require will be destroyed or permanently de-identified, however, information will be retained for as long as the law requires.

Despite our reasonable efforts, we cannot guarantee that the security of your Personal Information will not be breached, therefore, to the fullest extent permitted by law, we disclaim all liability any responsibility for any damage you may suffer due to any loss, unauthorised access, misuse or alteration of any information we collect.

CHANGES TO THIS PRIVACY POLICY

This Privacy Policy discloses our current privacy practices. From time to time and in line with client expectations and legislative changes, this Privacy Policy will be reviewed, and, if appropriate, updated at any time without notice.

ACCESSING PERSONAL INFORMATION WE HOLD

Please contact our Privacy Officer to access any Personal Information we hold about you.

HOW TO CHANGE ANY PERSONAL INFORMATION WE HOLD ABOUT YOU

We will take reasonable steps to ensure that any Personal Information we collect, use or disclose is relevant, accurate, complete and up to date. Please contact our Privacy Officer if you believe your Personal Information we hold is inaccurate or incomplete. We can then take reasonable steps to correct this information.

COMPLAINTS

If you have a complaint about the way we have dealt with your Personal Information we invite you to provide written details of your complaint to our Privacy Officer.

Our Privacy Officer will contact you within 14 days of the date we receive the written details of your compliant to acknowledge that we have received it. Our Privacy Officer will then:

review of the way we dealt with your Personal Information;
conduct an internal investigation (if necessary) into how your Personal Information came to be handled in the way that it was; and
provide a report to you within one month of the date we acknowledged receipt of your complaint.
If you believe we have breached the APPs you may also lodge a complaint with the Office of the Australian Information Commissioner.

CONTACT US

Should you have any queries, complaints or comments about this Privacy Policy, please contact our Privacy Policy in writing by post or email at:

Post:
Attn: The Privacy Officer
T.S Burstow Funerals Pty Ltd
PO Box 7370
Toowoomba South QLD 4350

Email: 
privacy@burstows.com.au

TERMS OF USE

Burstows Terms of Use

Except as otherwise provided in a written agreement signed by Burstows, these Terms of Use represent the entire understanding between you and TS Burstow Funerals Pty Ltd and our related companies (collectively, "Burstows") regarding your use of www.burstows.com.au (the "Site") and your submission of any materials to us.

By accessing the Site, you signify your acceptance of these Terms of Use and your acceptance of the Privacy Policy.

Burstows reserves the right, at any time, to modify, alter, update, or remove portions of these Terms of Use or the Privacy Policy, so please check them from time to time as your continued use of the Site signifies your acceptance of any changed terms. If you are dissatisfied with these Terms of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue your use of the Site.

Disclaimer

Burstows PROVIDES THE SITE AND ITS SERVICES ON AN "AS-IS" BASIS. Burstows MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE RELATED TO: (1) THE OPERATION OF THE SITE; (2) THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED OR DESCRIBED THEREIN; AND (3) ANY APPLICATION OR INFORMATION SUBMITTED TO US THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Burstows DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), REGARDING THE SITE, INCLUDING WITHOUT LIMITATION WARRANTIES RELATED TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, AND SERVICES DESCRIBED THEREIN, AND ANY INFORMATION OR APPLICATIONS SUBMITTED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, Burstows DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Burstows DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE OR THE SERVICES DESCRIBED THEREIN.

Limitation of Liability

IN NO EVENT SHALL Burstows BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERUPTION, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE SITE, THE OPERATION OF THE SITE, ANY APPLICATION OR INFORMATION SUBMITTED TO US THROUGH THE SITE, AND/OR THE SERVICES DESCRIBED THEREIN, EVEN IF Burstows IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Burstows' LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM OF $100.

Links

The Site may contain links to other Web sites on the Internet that are owned and operated by someone other than Burstows. Burstows provides these links solely as a convenience. The appearance of a link does not imply Burstows' endorsement, nor is Burstows responsible for the content of any linked site. You access linked sites at your own risk.

Compliance with Laws

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your use of the services described therein.

General Proprietary Rights

The Site is owned by Burstows and contains material that is derived in whole or in part from Burstows and other sources. The Site and their contents are protected by international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Site, including without limitation code or software, without Burstows' express written permission.

Copyright

All site design, text, code, graphics, and interfaces, and the selection and arrangements thereof, on the Site are the property of Burstows, or their content suppliers, and are protected by Australian and other international copyright laws, © 2013 Burstows ALL RIGHTS RESERVED. Prior permission to use, reproduce, or reprint any photograph, illustration, artwork, or other material on the Site must be obtained from the copyright owner, regardless of the intended use. Any unauthorized use of the materials appearing on the Site is in violation of copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

Appropriate Use of Language

We encourage visitors to our website to post messages of condolences and content to our online memorials known as eTributes. All visitors to our website are able to view eTributes and add content. We request that all eTributes contain appropriate language, photographs, Videos/DVD’s, images and descriptions. If at any time we or our client families deem a message or an eTribute to be inappropriate, the message or eTribute will be removed from our website immediately and we may also terminate the author of the inappropriate content access to our website.
Use of Copyright material on eTributes

By posting or providing material, including without limitation, videos, pictures, words and sounds (Material), to us or our website, you warrant and guarantee that the Materials do not infringe the intellectual property rights of any other person. You indemnify us against all liabilities arising from a breach of this warranty, including any losses, costs, actions, claims, demands, expenses judgements, court orders or other liabilities.

Trademarks

The Burstows logo is a trademark of Burstows and related companies. It may not be used in connection with any products or services other than those products or services offered by Burstows or related companies, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Burstows or related companies. All other trademarks are the property of their respective owners.

Notice of Potential Infringement

To notify Burstows of any suspected infringement, please contact us via our 'contact us' form.

Applicable Law

Burstows operates the Sites from Toowoomba, Australia. The laws applicable to the interpretation of these Terms of Use shall be the laws of Australia without reference to its conflict of law provisions.

Disputes

You agree that any action at law or in equity arising out of or relating to these Terms of Use, the Site, and/or the services described therein shall be filed exclusively in the courts of Toowoomba, Australia and you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms of Use may be brought by either party more than one year after the cause of action has accrued.

Termination

These Terms of Use shall remain in force until terminated by Burstows. Burstows may terminate the Terms of Use, or suspend your access to all or part of the Site, without notice, for any conduct that Burstows, in its sole discretion, believe is disruptive or is in violation of any applicable law or these Terms of Use. In the event of any such termination, the provisions regarding disclaimers, limitations of liabilities, intellectual property rights, choice of law, and venue set forth in these Terms of Use shall survive.

Miscellaneous

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Last Updated: 20 September, 2014