Respecting your privacy:
What personal information do we collect and hold?
In the course of our relationship we will from time to time collect personal information from you. Personal information is defined to mean:-
“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.”
We collect, use and disclose personal information for the purpose of providing legal services to you. Depending on the nature of your matter that may include (but is not limited to) undertaking any of the following:-
Carrying out your instructions;
Communicating with third parties in relation to your matter as required;
Maintaining contact with you;
Facilitating billing and payment of accounts;
Providing other services requested by you.
In order to provide you with the appropriate services we ordinarily disclose personal information to the following organisations (as appropriate):-
Party(ies) to litigation;
Financial and accounting experts;
Real Estate Agents;
Relevant Government departments and agencies;
Any other relevant organisation depending on the nature of your matter.
The types of information that we collect and hold about you could include:
ID information such as your name, postal or email address, telephone numbers, and date of birth;
other contact details such as social media handles;
financial details such as your tax file number; and
other information we think is necessary.
When the law authorises or requires us to collect information
We may collect information about you because we are required or authorised by law to collect it. There are laws that require us to collect personal information. For example, we require personal information to verify your identity under Australian Anti-Money Laundering Act.
How do we collect your personal information?
How we collect and hold your information
Unless it’s unreasonable or impracticable, we will try to collect personal information directly from you (referred to as ‘solicited information’). For this reason, it’s important that you help us to do this and keep your contact details up to date.
There are a number of ways in which we may seek information from you. We might collect your information when you fill out a form with us, when you’ve given us a call or used our website. We also find using electronic means, such as email or SMS, a convenient way to communicate with you and to verify your details. However we’ll never ask you for your security details in this way – if you are ever unsure, just contact us.
How we collect your information from other sources
Sometimes, we will collect information about you from other sources as the Privacy Act 1988 permits. We will do this only if it’s reasonably necessary to do so, for example, where:
we collect information from third parties (Agents/Agencies)
we can’t get hold of you and we rely on public information to update your contact details; or
we exchange information with your legal or financial advisers or other representatives.
What do we do when we get information we didn’t ask for?
Sometimes, people share information with us we haven’t sought out (referred to as ‘unsolicited information’). Where we receive unsolicited personal information about you, we will check whether that information is reasonably necessary for our functions or activities. If it is, we’ll handle this information the same way we do with other information we seek from you. If not, we’ll ensure we do the right thing and destroy or de-identify it.
When will we notify you that we have received your information?
When we receive personal information from you directly, we’ll take reasonable steps to notify you how and why we collected your information, who we may disclose it to and outline how you can access it, seek correction of it or make a complaint.
Sometimes we collect your personal information from third parties. You may not be aware that we have done so. If we collect information that can be used to identify you, we will take reasonable steps to notify you of that collection.
How do we take care of your personal information?
We store information in different ways, including in paper and electronic form. The security of your personal information is important to us and we take reasonable steps to protect it from misuse, interference and loss, and from unauthorised access, modification or disclosure. Some of the ways we do this are:
document storage security policies;
security measures for access to our systems; and
only giving access to personal information to a person who is verified to be able to receive that information
We may store personal information physically or electronically with third party data storage providers. Where we do this, we use contractual arrangements to ensure those providers take appropriate measures to protect that information and restrict the uses for which they can use that information.
What happens when we no longer need your information?
We’ll only keep your information for as long as we require it for our purposes. We may be required to keep some of your information for certain periods of time under law. When we no longer require your information, we’ll ensure that your information is destroyed or de-identified.
How we use your personal information
What are the main reasons we collect, hold and use your information?
Collecting your personal information allows us to provide you with the products and services you’ve asked for. This means we can use your information to:
give you legal advice;
give you information about related services;
administer services we provide, for example, to answer requests or deal with complaints; and
administer payments we receive, or any payments we make, relating to your legal matters.
Can we use your information for marketing our products and services?
We may use or disclose your personal information to let you know about other products or services we or a third party make available and that may be of interest to you.
We will always let you know that you can opt out from receiving marketing offers.
With your consent, we may disclose your personal information to third parties for the purpose of connecting you with other businesses or customers. You can ask us not to do this at any time. We won’t sell your personal information to any organisation.
Yes, You Can Opt-Out
You can let us know at any time if you no longer wish to receive direct marketing offers from us. We will process your request as soon as practicable.
What are the other ways we use your information?
We’ve just told you some of the main reasons why we collect your information, so here’s some more insight into the ways we use your personal information including:
telling you about other products or services we make available and that may be of interest to you, unless you tell us not to;
allowing us to run our business efficiently and perform general administrative tasks;
preventing any fraud or crime or any suspected fraud or crime;
as required by law, regulation or codes binding us; and
any purpose to which you have consented.
Who do we share your personal information with?
To make sure we can meet your specific needs and for the purposes described in ‘How we use your personal information’, we sometimes need to share your personal information with others. We may share your information with other organisations for any purposes for which we use your information.
Sharing Your Information
We may use and share your information with other organisations for any purpose described above.
Sharing with your representatives and referees.
We may share your information with:
your representative or any person acting on your behalf (for example, brokers, settlement agents, accountants or real estate agents).
Sharing with third parties
We may share your information with third parties in relation to services we provide to you. Those third parties may include:
referrers that referred your business to us;
organisations, like fraud reporting agencies, that may identify, investigate and/or prevent fraud, suspected fraud, crimes, suspected crimes, or other misconduct;
government or regulatory bodies (including Australian Securities and Investments Commission and the Australian Tax Office) as required or authorised by law. In some instances, these bodies may share the information with relevant foreign authorities;
service providers, agents, contractors and advisers that assist us to conduct our business;
any organisation that wishes to take an interest in our business or assets; and
any third party to which you consent to us sharing your information.
The LadyBird Group operates a number of businesses and you may also be a client of another Ladybird Group business. Please note we take your privacy seriously and will not share information with another Ladybird Group business except:
At your request or with your authority.
Please note, if you would like information or documents you have provided to one LadyBird Group business to be shared with another LadyBird Group business which would not ordinarily be shared with a third party, you will need to expressly request this information be shared. This applies especially if you are receiving services from more than one LadyBird Group business concurrently.
Sharing outside of Australia
We may use overseas organisations to help conduct our business. As a result, we may need to share some of our information with such organisations outside Australia. The countries in which those organisations are located are:
Manila - Philippines
We may store your information in cloud or other types of networked or electronic storage. As electronic or networked storage can be accessed from various countries via an internet connection, it’s not always practical to know in which country your information may be held. If your information is stored in this way, disclosures may occur in countries other than those listed.
Overseas organisations may be required to disclose information we share with them under a foreign law. In those instances, we will not be responsible for that disclosure.
How do you access your personal information?
How you can generally access your information
We‘ll always give you access to your personal information unless there are certain legal reasons why we can’t. You can ask us in writing to access your personal information that we hold. In some cases, we may be able to deal with your request over the phone.
We will give you access to your information in the form you want it where it’s reasonable and practical. We may charge you a small fee to cover our costs when giving you access, but we’ll always check with you first.
We’re not always required to give you access to your personal information. Some of the situations where we don’t have to give you access include when:
we believe there is a threat to life or public safety;
there is an unreasonable impact on other individuals;
the request is frivolous;
the information wouldn’t be ordinarily accessible because of legal proceedings;
it would prejudice negotiations with you;
it would be unlawful;
it would jeopardise taking action against serious misconduct by you;
it would be likely to harm the activities of an enforcement body (e.g. the police); or
it would harm the confidentiality of our commercial information.
If we can’t provide your information in the way you’ve requested, we will tell you why in writing. If you have concerns, you can complain. See ‘Contact Us’.
How do you correct your personal information?
How we correct your information?
Contact us if you think there is something wrong with the information we hold about you and we’ll try to correct it if it’s:
If you are worried that we have given incorrect information to others, you can ask us to tell them about the correction. We’ll try and help where we can - if we can’t, then we’ll let you know in writing.
How do you make a complaint
If you have a complaint about how we handle your personal information, we want to hear from you. You are always welcome to contact us.
You can contact us by using the details below:
Wayne Marks Ph: 1300 228 973
We are committed to resolving your complaint and doing the right thing by our customers. Most complaints are resolved quickly, and you should hear from us within five business days.
Need more help?
If you still feel your issue hasn't been resolved to your satisfaction, then you can raise your concern with the Office of the Australian Information Commissioner:
· Online: www.oaic.gov.au/privacy
· Phone: 1300 363 992
· Email: firstname.lastname@example.org
· Fax: +61 2 9284 9666
· Mail: GPO Box 5218 Sydney NSW 2001
We care about your privacy. Please contact us if you have any questions or comments about our privacy policies and procedures. We welcome your feedback.
You can contact us by using the details below:
Wayne Marks Ph: 1300 945 570
What if you want to interact with us anonymously or use a pseudonym?
If you have general enquiry type questions, you can choose to do this anonymously or use a pseudonym. We might not always be able to interact with you this way, however, as we are often governed by regulations that require us to know who we’re dealing with. In general, we won’t be able to deal with you anonymously or where you are using a pseudonym when:
it is impracticable; or
we are required or authorised by law or a court/tribunal order to deal with you personally.
What do we do with government-related identifiers?
In certain circumstances we may be required to collect government-related identifiers such as your tax file number. We will not use or disclose this information unless we are authorised by law.
This Policy may change. We will let you know of any changes to this Policy by posting a notification on our website, correspondence via post or e-mail or you may contact us for a copy of the most up to date policy at any time.