Last updated: 21 March 2018
1. Introduction
1.1 This Policy sets out:
(a) how and why we collect and use your Personal Information; and
(b) what controls you have over your Personal Information in our possession.
1.2 This Policy is subject to change at our discretion. The current version will always be available on our website at talbotsayer.com.au.
2. Definitions
In this Policy:
Act means the Privacy Act 1988 (Cth);
OAIC means the Office of the Australian Information Commissioner;
Personal information means information about you which personally identifies you or may reasonably be used to personally identify you;
Sensitive information has the meaning given to that term in the Act; and
Talbot Sayer or we or us means TalbotSayer Pty Ltd ACN 168 129 075.
3. Types of Personal Information we collect
3.1 We collect and hold various types of Personal Information, including:
(a) personal details, including names and contact details;
(b) financial and legal information;
(c) educational and employment information; and
(d) information necessary for or incidental to the provision of legal services.
3.2 Where we solicit Personal Information, we only collect:
(a) non-Sensitive Information, if it is reasonably necessary for the legal services we provide;
(b) Sensitive Information, if it is reasonably necessary for or directly related to the services we provide and you have consented to its collection, or its collection is permitted or authorised by law.
3.3 We may collect various other types of Personal Information, including Sensitive Information, in the course of conducting our business where it is provided by our clients or other persons without being solicited.
4. How we collect Personal Information
4.1 We may collect Personal Information about you when:
(a) you access or use our website;
(b) you communicate with our employees or clients;
(c) you deal with us in the course of our business;
(d) it is provided by or on behalf of our clients in the course of providing legal services to our clients;
(e) it is provided from publically available records or public registries that we accessed in the course of providing legal services to our clients;
(f) we solicit it from third party information providers in the course of our business.
4.2 If we solicit Personal Information, we will generally solicit it directly from the person it relates to or their agents, unless it is unreasonable or impracticable for us to do so.
4.3 It is generally not practicable for us to deal with persons on an anonymous or pseudonymous basis as we are often unable to provide the same standard of legal services without certain information.
5. How we store and protect Personal Information
5.1 We may hold personal information in physical documents or in electronic form. Physical files are kept securely inside our access controlled premises, and may also be locked in secure rooms if requested or deemed appropriate. Electronic files are only accessible through our secure network.
5.2 We take reasonable steps to:
(a) ensure that Personal Information we collect is accurate, up-to-date, complete and relevant, other than where it is only collected to provide advice in respect of a particular point in time, in which case we will seek to ensure it is accurate, complete and relevant as at that particular point in time;
(b) ensure that Personal Information we use or disclose is accurate, up-to-date, complete and relevant, having regard to the purposes for which Personal Information is used or disclosed;
(c) protect Personal Information from misuse, interference and loss, and from unauthorised access, modification or disclosure; and
(d) destroy or de-identify Personal Information which we no longer need for the purposes for which it was collected, except where it is necessary to retain it in order to maintain ongoing records for our clients.
5.3 We cannot guarantee the security of information transmitted via the internet. As such, transmission of Personal Information via the internet is at your own risk.
5.4 Links to third-party websites may appear on our website. Your use of those links is entirely at your own risk and we make no representations or warranties regarding third parties’ privacy practices.
6. Why we collect, hold, use and disclose Personal Information
6.1 We collect, hold, use and disclose Personal Information for various purposes, including:
(a) providing legal services;
(b) facilitating interactions in the ordinary course of operating our business;
(c) payment and billing purposes;
(d) communicating with you;
(e) storing information at third-party data centres;
(f) complying with our legal obligations; and
(g) other purposes identified at the time of its collection.
6.2 We may use or disclose Personal Information for secondary purposes where it would be reasonable to expect us to do so, and that secondary purpose is related (or directly related in the case of Sensitive Information) to the primary purpose.
6.3 Unless you inform us that you opt out, we may use your Personal Information to send you direct marketing publications, including emails about legal developments, newsletters or event invitations. However, we will not disclose your Personal Information for the purposes of third-party direct marketing.
7. Overseas disclosure
7.1 We may disclose Personal Information to third parties overseas for the purposes for which we collect and use that information. For example, if it is necessary to conduct searches in respect of you on a foreign registry, we may be required to provide your personal information to that registry in order to conduct the search. Any such disclosure will be done in accordance with the Act.
7.2 We will attempt to ensure that persons to whom the disclosed Personal Information relates have comparable rights in relation to that information once disclosed overseas.
8. How you can access correct Personal Information
8.1 You may contact us to access your Personal Information or to correct inaccurate, out-of-date, incomplete, irrelevant or misleading Personal Information by:
Mail: Level 27, 123 Eagle St, Brisbane Q 4000
Email: [email protected]
Phone: +61 7 3160 2900
8.2 We will respond to those requests within a reasonable period in accordance with our obligations under the Act. As a provider of legal services, our ability to correct or permit access to Personal Information may be restricted.
8.3 If we refuse a request to access or correct Personal Information, where reasonable, we will provide our reasons for doing so and information about your ability to complain about such refusal.
9. Complaints
9.1 Complaints about our Privacy Policy or our collection, use, disposal or destruction of your Personal Information should first be directed to us at the details set out above.
9.2 We will investigate and attempt to resolve your complaint in accordance with the Act.
9.3 You may contact the OAIC if you are not satisfied with the outcome of this process.
10. Further information
10.1 Please contact us on +61 7 3160 2900 for more information regarding our Privacy Policy.
10.2 More information on the Act is available on the website of the OAIC at oaic.gov.au.