We are bound by the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPS) which regulate the collection, use and disclosure of personal information.
What Personal Information do we collect and why do we need it?
& Legal collects personal information for the Primary Purpose of advising and representing clients in accordance with their instructions, including for the purposes of legal proceedings.
The nature of the relationship we have with you, the Services you require and the particulars of any matter in which we act will determine the personal and other information we collect. If you do not consent to our collection of personal information, we may not be able to provide legal services to you.
In addition to the Primary Purpose, we may use the personal information that we collect and that you consent to us using to:
- Provide you with news about any service;
- Send you marketing and promotional material that you may be interested in:
- Communicate with you, including by email, telephone and mail, or other electronic medium;
- Manage and enhance your experience on our Website and domains;
- Conduct surveys or promotions;
- Verify your identity;
- Investigate any complaints about, or made by you, or if we have reason to suspect you have breached any relevant terms and conditions; and
- As required or permitted by any law.
Personal information collected may include:
- Your name, email address, telephone numbers and address;
- Personal Information (including Sensitive Information) which is provided to us in the course of a matter by you or a third party;
- Bank details, credit card details and expiry dates; business references, details about your business or your Australian Business Number (ABN);
- Driver’s licence number, passport details, photo identity and gender;
- Your employment related data including, occupation, career history and references.
It may also be necessary in some circumstances in order to provide our services for us to collect sensitive information about you. Sensitive information is a class of personal information including but not limited to professional memberships, financial information, health information and your criminal or civil penalty history. We will collect personal information that is sensitive information when it is reasonably necessary for us to provide our services.
We also collect information that is not personal information, such as data relating to your activity on our Website.
How will we use your information?
We primarily use personal information about you for purposes directly related to the service that you have requested, or otherwise to enable us to carry out our functions as professional legal service providers. Unless you tell us otherwise, we may also use your personal information for relationship and marketing purposes. For example, we may send you newsletters, invitations to events that we host or support, email notifications about legal or industry developments, and information about other services offered by us. Generally, we do not promote third parties, but there may be a circumstance in which we send you information about third parties with whom we have a business association. All promotional electronic communications will contain a functional unsubscribe facility or otherwise allow you to easily opt-out of such communications. Alternatively, if you do not wish to receive these communications you can contact us via the details below.
Where your personal information was given to us for another specific purpose, such as a job application, we will only use the personal information for that purpose.
Is your personal information secure?
The information that is provided to us is stored on computer and paper based files as appropriate.
& Legal protects personal information from misuse or loss by restricting access to the information in electronic format and by appropriate physical and communications security. Any data destroyed is disposed of in a manner which protects the privacy of information in an appropriate manner.
How is your personal information kept accurate and up-to-date?
& Legal takes steps to ensure your personal information is accurate, up-to-date and not misleading by updating its records whenever changes to the information come to its attention. & Legal disregards information that seems likely to be inaccurate or out-of-date by reason of the time which has elapsed since it was collected or by reason of any other information in its possession.
If you believe your information is incorrect, incomplete or not current, you can ask & Legal to update this information by contacting our Privacy Officer. To contact our Privacy Officer please see contact details below.
& Legal will correct information it has about you if it discovers, or you are able to show to a reasonable standard, that the information is incorrect. If you seek a correction and & Legal disagrees that the information is incorrect, & Legal will provide you with its reasons for taking that view.
& Legal disregards information that seems likely to be inaccurate or out-of-date by reason of the time that has elapsed since it was collected or by reason of any other information in its possession.
Will we disclose your information to Third Parties?
We may disclose your information to Third Parties in certain circumstances including:
- If you agree to the disclosure:
- When we use it for the purpose for which it was collected, e.g. to provide you with Services;
- In circumstances where you would reasonably expect information of that kind to be passed to a third party (e.g. as a result of disclosure in a court action, during court proceedings, briefing and instructing counsel or disclosure to an expert);
- Where disclosure is required or permitted by law (including under the Privacy Act), by Court order, or is required to investigate suspected fraud or other unlawful activity; or
- If disclosure will prevent or lessen a serious or imminent threat to someone’s life or health.
We may also sell, transfer, or otherwise disclose our database of personal information to an actual or potential successor entity, purchaser, or investor in connection with a merger, consolidation, sale of our assets or substantially all our assets, partnership structure, investment transaction or other business rearrangement.
General Data Protection Regulation (EU) (‘GDPR’)
Where applicable we may require you to confirm your express, explicit consent when collecting your personal information for the purposes of compliance with the rules set out in the GDPR. For the purposes of the GDPR, you have the following rights regarding your personal information stored with us:
- The right to object to your personal information being processed;
- The right to data portability of your personal information
- The right to complain or query how we process your personal information;
- The right to object to automated decision making using your personal information; and;
- The right to have your personal information forgotten by us.
You acknowledge that when using our website, you will be deemed to be the data controller in relation to any personal information that you collect and store and you will be responsible for how such personal information is collected. You must ensure that you obtain consent and provide notice to any persons as required under the relevant privacy legislation in relation to the collection, storage and use of their personal information.
When you use our website, we act as a data processor only in relation to personal information and data entered, collected and stored by you. We will only access your data in accordance with written instructions given by you, or unless required to do so by the Privacy Act or GDPR.
Is your personal information sent overseas?
& Legal does not send personal information outside Australia, except where necessary in individual cases for the purpose of particular matters and in accordance with client instructions. However, we will not disclose an individual’s personal information to overseas recipients without good reason and, & Legal ensures that any disclosures are subject to the same levels of privacy as accorded by the Australian Privacy Principles and this policy.
If you believe that we have dealt with your personal information in a way that is inconsistent with the Australian Privacy Principles, you may in the first instance lodge a complaint with us by phoning (02 9328 2944), writing to & Legal, Level 3, 376 New South Head Road, Double Bay, 2028 or emailing at firstname.lastname@example.org.
If we are unable to resolve your complaint you may refer the matter to the Federal Privacy Commissioner by phoning 1300 363 992 or writing to the Director of Complaints, Office of the Federal Privacy Commissioner, GPO Box 5218, Sydney, NSW 1042.