Clelands Lawyers is committed to protecting your privacy and personal information.
Privacy at Clelands Lawyers
Clelands Lawyers is bound by the Privacy Act 1988 (Cth) as well as the Australian Privacy Principles (APPs).
We may vary this policy from time to time.
1. Collection of personal information
Collection of personal, sensitive and confidential information is fundamental to our relationship with clients to our business.
2. What kinds of personal information do we collect?
During the course of our business, we may collect personal information (including sensitive information). We will collect personal information by lawful and fair means.
The kinds of personal information we collect and hold may include:
- name, address, occupation, and contact information;
- certain sensitive information that may be relevant to our legal advice to you;
- billing and credit card information;
- government issued identifiers, such as Tax File Numbers and Australian Business Numbers (which are only used in accordance with the Privacy Act 1988 (Cth));
- relating to the purchase of products and payments for attendances at seminars, webinars and events;
- areas of legal practice of interest or events of interest; and
- information about people’s dealings with us.
If you do not give any personal information when we ask for it that is your prerogative. However it will affect our ability to meet our obligations to you.
3. How we collect personal information
We collect personal information directly from you where it is reasonable and practical to do so.
We may also collect personal information about you from clients, authorised representatives and third parties such as regulatory authorities where necessary. If this occurs we will take reasonable steps to notify or make you aware that we have information about you, how we will use and disclose it and that you may contact us to gain access to and correct the information. However we will not notify you where it would breach our obligations of confidentiality or legal professional privilege.
We will deal with any unsolicited personal or sensitive information in accordance with law. This includes destroying the information or ensuring it is de-identified where we are permitted to do so by law.
4. How we hold personal information
We treat the personal information (including sensitive information) that we receive and hold in accordance with strict professional obligations of confidentiality and legal professional privilege. We hold personal information in physical records and electronic files.
5. The purposes for which we collect, hold, use and disclose personal information
We collect, hold and use personal information for the purposes for which it was collected and related purposes including to:
- providing or offering services to you;
- to manage and account for the services;
- manage our relationships with you and our other clients;
- providing to you information about legal developments, events, products or services that may be of interest to you; and
- facilitating our internal business operations, including fulfilling our legal requirements and professional obligations.
You may request not to receive direct marketing communications from us by contacting our Privacy Officer.
We may disclose personal information (including sensitive information) for the purposes for which it was collected and also:
- as required by law subject to our professional obligations, as permitted under the APPs and/or with your consent if required;
- subject to our professional obligations, to any person where necessary or desirable in connection with our provision of legal services, such as
- to the client, regulatory authorities or other persons within Clelands; and
- on a confidential basis to our external service providers and advisers.
6. Cross-border disclosure of information
We may use and disclose your personal information in jurisdictions other than Australia or an external territory including where:
- the overseas recipient is a party to the matter for which you have instructed us; and
- required by law subject to our professional obligations, as permitted under the APPs and/or with your consent if required.
It is not reasonably practicable to list the countries to which we may transmit personal information overseas. However we will, where practicable, advise you of the countries in which overseas recipients are likely to be located.
7. Access and correction of your personal information
You may request access to or correction of your personal information we hold about you.
We may charge you a fee where access is provided but not in relation to the correction of your personal information.
We will respond to your request for access or correction within a reasonable period after the request is made. We will also take reasonable steps to give you access in the manner you have requested.
We may not be required to give you access to your personal information in certain circumstances, such as if it would have an unreasonable impact on the privacy of other individuals, the information relates to existing or anticipated legal proceedings between us and you or it would be unlawful.
Where we refuse to give you access to, or do not correct, your personal information we will provide you with written notice of our refusal.
8. Security of personal information
We will take reasonable steps to protect held your personal information held in physical and electronic form from misuse, interference and loss and from unauthorised access, modification or disclosure.
All persons within Clelands Lawyers with access to confidential information are subject to confidentiality obligations.