Privacy

 

As a privacy law consulting firm, Privacy Law Consulting Australia (“We”) understands the importance of protecting the privacy of individuals’ personal information. This document sets out our information handling procedures and the rights and obligations that both you and we have in relation to your personal information.

How we collect personal information

We only collect personal information that is necessary for the conduct of our practice as providers of legal services.

We primarily collect information about you from correspondence we engage in with you; for example, through discussions during meetings, letters, telephone conversations and e-mails. We may also collect information about you through our website; for example, if you subscribe to an online newsletter.

However, in the course of providing legal services, it is often necessary to collect personal information from third parties; for example, from a contractor, another party to a matter, government agencies and courts. If we collect personal information about you from a third party, we will, where it is appropriate and practicable to do so, request the third party to inform you that we are holding information about you and to provide you with a copy of, or link to, our privacy statement.

From time-to-time, we collect personal information from sources that are publicly available, such as newspapers, industry journals and websites.

We do not make use of any form of cookies, web-bugs or adware on our website to collect or analyse information about visitors to the site.

Kinds of personal information we hold

We only hold information about you that is necessary for the services we provide. Such information will generally include your name, contact details, job title, type of business, payment details, account number, records of correspondence and billing statements. We may also hold personal information about you regarding the matter for which you have sought our services.

We do not hold sensitive information about you, such as information about your race, ethnic origins, political or religious beliefs or health, unless special circumstances surrounding the provision of our services to you requires this. We only collect sensitive information about you if we have obtained your consent to do so.

If you visit our website, our web-server will automatically collect the following types of information:

  • your internet protocol addresses;

  • the date and time of your visit;

  • webpages visited;

  • the type of internet browser you are using; and

  • in certain circumstances - your domain name.

However, this information is generally anonymous and is used for statistical purposes only. We do not attempt to link this information to you.

How we use personal information

We use your personal information:

  • to provide you with legal services;

  • to administer our business relationship with you; and

  • for internal purposes such as procedural assessments, risk management, product and service reviews, staff training, accounting and billing;

Use and disclosure

In general, we will not use or disclose personal information about you otherwise than for:

the purpose of providing or offering legal services;

  • a purpose that you would reasonably expect it to be used or disclosed;

  • a purpose authorised by law; or

  • a purpose in relation to which you have consented.

Various laws, including the Legal Practitioners Act 1981 (SA), require us to disclose information in certain circumstances.

It may be necessary for information to be disclosed to other organisations in the course of providing our legal services; for example, to other law firms, government departments, courts, barristers, expert consultants or advisers, our auditors, external consultants and other service providers.

Direct marketing

We seek to obtain express consent from individuals to send promotional materials wherever possible. However, if we have not engaged in correspondence with you, we will generally not have had an opportunity to seek your express consent. In these circumstances, we may use your personal information to send you information about our services, but you may at any time express a wish not to receive any further such materials and we will remove you from our mailing list immediately.

How we secure your information

We hold all hardcopy and electronic records of personal information in a secure manner to ensure that they are protected from unauthorised access, modification and disclosure. We follow strict information handling procedures and only permit staff whose tasks require use of your information to access it. We delete your personal information in a secure manner once it is no longer needed or required to be kept by law; for example, by shredding hardcopy records and degaussing (demagnetising) electronic records.

Your right of access

You may request access to your personal information at any time by sending a written request to our Privacy Officer by mail at 61 Carrington Street, Adelaide SA 5000, by facsimile on (08) 8237 0555, or by email to privacy@privacylawconsulting.com.au.

In your request, please state how you would like to obtain access. For example, you may like to inspect our records at our premises or you may prefer to be sent a photocopy or an electronic version of your information. You do not need to provide a reason for your request.

Once our Privacy Officer has verified your identity, your request will be forwarded to our information systems manager who will arrange for access to be provided to you in an appropriate manner within five working days. If our files indicate that you have opened a matter with us with another individual, we will provide each person named on the file with access to all personal information held in the file. Our Privacy Officer will follow up your request to ensure that the level of access with which you have been provided is to your satisfaction. Generally, we will not charge a fee for providing access, however, may do so if significant time and resources are required to provide you with access.

In rare circumstances, we may not be able to provide access to your information; for example, if it would have an unreasonable impact upon the privacy of others, if it relates to legal proceedings between us through which the information would not otherwise be available, if it would be prejudicial to negotiations we are holding with you, if we are required by law to withhold the information or if it would reveal information relating to our commercially sensitive decision making processes. If we are unable to provide you with access, we will state why this is so and consider whether the use of an intermediary would be appropriate to provide you with an explanation of your personal information.

You may correct your information

In order to provide you with our legal services, we will generally take instructions at the commencement of a matter and supplement and update this information as necessary throughout the conduct of the matter.

However, if we hold personal information about you and you are able to establish that the information is not accurate, complete or up-to-date, you may inform us of this and we will correct it for you. In the unlikely event that we disagree about the accuracy of the information and are unable to change it, you may provide us with a statement that you dispute its accuracy and we will associate the statement with your information in such a manner that it will be brought to the attention of each person who uses the information.

Your right to lodge a complaint

If you are not satisfied with how we have handled your personal information, you may lodge a complaint with our Privacy Officer either by mail at 61 Carrington Street, Adelaide SA 5000, by facsimile on (08) 8237 0555 or via email at privacy@privacylawconsulting.com.au. We will inform you of who will handle your complaint and you may contact our Privacy Officer to enquire about its stage of progress at any time. In the unlikely event that we are unable to resolve the matter to your satisfaction, we will discuss with you dispute resolution options in order to have the matter resolved by an independent third party.

Identifiers

We will not adopt an identifier for you, or use or disclose an identifier, if it has been assigned to you by a government agency.

Anonymity

If we provide you with legal services, we will require you to inform us of your identity for the purpose of conducting a conflict of interests check. For this reason, it is not possible for us to provide our services if you choose to remain anonymous.

Transborder data flows

We will only transfer your personal information overseas if:

  • you, or one of your authorised representatives, is overseas, and it is necessary to transfer the information to you;

  • you, or one of your authorised representatives, request us to transfer the information to a person or entity overseas; or

  • we are required to do so by law.

We will not transfer your information outside of Australia in any other circumstances.

We may need to change our privacy policy from time to time

Due to changing business circumstances, we may need to change our privacy policy from time to time. If we do, we will endeavour to ensure that your overall level of privacy protection is not diminished and will publish the changes on our website. Any actions that we have taken before the change will continue to be regulated by the privacy policy that existed before the changes were made.

Further information

If you have any questions or concerns about our privacy statement or if you would like more Information about how we handle your personal information, please contact our Privacy Officer.