Barry.Nilsson. Lawyers acknowledges that it is bound by the Australian Privacy Principles (APP) contained in the Privacy Amendment (Enhancing Privacy Sector) Act 2012 (Cth) (Privacy Amendment Act).
This policy outlines the obligations we have in managing the personal information we hold about clients, potential clients, contractors and others.
What is personal information?
‘Personal information’ is information or an opinion relating to an individual which can be used to identify that individual. ‘Sensitive information’ is a subset of personal information and includes information or an opinion about an individual’s race or ethnic origin; political opinions; religious beliefs; sexual preferences; criminal record; health record or professional or trade association memberships. We do not collect, use or disclose sensitive information about you unless you consent, where it is allowed by law or in circumstances where it is required in the course of providing legal services to you. Sensitive information will be used and disclosed only for the purpose for which it was provided or a directly related secondary purpose.
What kinds of personal information do Barry.Nilsson. Lawyers collect?
In general, we collect and hold information such as (but not limited to): names, addresses, contact details, occupations, and other information which assists us in conducting our business, providing marketing services and complying with our legal obligations. In most cases, if the personal information requested is not provided, we may not be able to supply the relevant service.
About whom does Barry.Nilsson. Lawyers collect personal information?
We may collect and hold information about clients, potential clients and business associates and their employees; suppliers and their employees; employees, prospective employees and contractors and others.
How does Barry.Nilsson. Lawyers collect personal information?
We will generally collect personal information by way of forms filled out by people, face to face meetings, interviews, business cards, telephone conversations, email, and from third parties; for example, a report provided by a medical practitioner or an employment reference from another person.
How does Barry.Nilsson. Lawyers collect and use information from the website?
If you visit www.bnlaw.com.au to read, browse or download information, our system may record information such as the date and time of your visit to the website, the pages accessed and any information downloaded. This information is anonymous and is used for statistical, reporting and website administration and maintenance purposes only. We may collect information about you through the website when you:
- Register or update an online profile which may include personal information such as your name or address
- Submit electronic forms requesting us to provide services or take actions
- Submit messages or comments
- Participate in online surveys
- Apply for a job using the website
Like many websites, our website may use ‘cookies’ from time to time. Cookies are small text files that we transfer to your computer’s hard drive through your web browser to enable our systems to recognise your browser. Cookies and the anonymous web usage information referred to above will not be used to identify you as an individual unless required by law, or where the website is accessed via links in an email we have sent which specifically refers to the fact that clicking on links may be tracked.
While we take great care to protect your personal information on our website, no data transmission over the Internet can be guaranteed to be secure. Accordingly we cannot warrant the security of any information you send to us or receive from us online. This is particularly true for information you send to us via email. We have no way of guaranteeing that information is protected in transit. Once we receive your information we make our best effort to ensure its security. From time to time, some sections of the website may protect your personal information by requiring you to use a password. For your own protection, we require you to keep this confidential and to change your password regularly.
Please note that in some emergency or law enforcement situations government agencies may have the authority to review our web server’s records.
The website contains links to other sites. We are not responsible for the privacy practices or policies of those sites.
How might Barry.Nilsson. Lawyers use and disclose your personal information?
In general we may use and disclose your personal information to conduct our business; to provide and market our services; to communicate with you; to purchase from you; to comply with our legal obligations and to help us manage and improve our services.
We may disclose personal information for the purpose for which it was collected, and also:
- 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 advisors, or other partners or advisors (whether in Australia or overseas)
- Within Barry.Nilsson. Lawyers
- On a confidential basis to external service providers so that they can provide financial, administrative or other services in connection with the operation of our business, for example photocopy, auditing, technology and data processing, security and archive services providers and financial and other professional institutions
- As required by law subject to our professional obligations, as permitted under the APP
- With your consent
Will personal information be disclosed to overseas recipients?
We may need to disclose information to persons overseas. We may not always be able to take reasonable steps to ensure that they do not breach the Privacy Act 1988 (Privacy Act) and they may not be subject to the same obligations to protect personal information as applies in Australia by virtue of the Privacy Act. By continuing to acquire our services and/or products you consent to us disclosing information to such persons and agree that you cannot claim relief from us and you may not have any right of action against the overseas recipient of the information.
To whom might Barry.Nilsson. Lawyers disclose your personal information?
We may disclose your personal information to other companies or individuals who assist us in providing services or who perform functions on our behalf (such as barristers, medical practitioners, valuers, courts and tribunals) and anyone else to whom you authorise us to disclose it. We also collect personal information from these organisations and individuals, and deals with that information in accordance with this policy.
We will take all reasonable steps to ensure that any third parties to whom your personal information is disclosed undertake to comply with the APP so as to protect the personal information disclosed to them.
How will Barry.Nilsson. Lawyers manage your personal information so as to ensure compliance with the APP?
The APP require us to take reasonable steps to protect the security of personal information. Barry.Nilsson. Lawyers personnel are required to respect the confidentiality of personal information and the privacy of individuals. We provide all employees with training in relation to its obligations under the APP and the Privacy Amendment Act. In addition, this policy is incorporated into the firm’s Policy Manual and the firm has a Privacy Officer to oversee continued compliance with the APP.
How does Barry.Nilsson. Lawyers keep your personal information secure?
Barry.Nilsson. Lawyers takes reasonable steps to protect your personal information held from misuse and loss and from unauthorised access, modification or disclosure for example by use of restricted access to electronic records and by physical security.
Where we no longer require your personal information for a permitted purpose under the APP we will take reasonable steps to destroy it in a secure manner or to de-identify it if that is appropriate.
How does Barry.Nilsson. Lawyers keep personal information accurate and up to date?
Our information management system will be used to ensure that all data collected will be up to date and complete. We encourage you to contact us to update any personal information we hold. Please contact the Privacy Officer on the details set out below.
How can you access your personal information?
Subject to the exceptions set out in the Privacy Act and the Privacy Amendment Act, you may seek access to the personal information which we hold about you by contacting our Privacy Officer. We will respond to your request within 30 days and will require you to verify your identity and to specify what information you require. You may be charged a fee for providing access related to the time taken to locate, collate and provide the information requested by you. You will be advised of the cost in advance. In certain circumstances we may not be required by law to provide access to or to correct personal information. If that is the case, we will give you our reasons for that decision.
Where you establish that personal information we hold about you is not accurate, complete or up to date, we will take reasonable steps to correct the information. If there is disagreement as to whether the information is accurate, complete and up to date, we will take reasonable steps to associate with the information a statement claiming that the information is not accurate, complete or up to date upon your request.
We do not adopt an identifier that has been assigned to you by a Commonwealth Government agency (eg. your tax file number) as a means of identifying you.
We provide you with the opportunity to interact with us anonymously whenever it is practical to do so, for example where you inquire about the types of legal services we offer.
This policy will be reviewed as necessary to ensure compliance with new laws, to take account of changes in technology, changes to our operation and practices and the general business environment. The most current version of this policy is on our website at www.bnlaw.com.au. If you do not have internet access you can obtain a copy of the current policy by contacting our Privacy Officer on 07 3231 6300.
If you are not satisfied with the way any member of the firm has dealt with your personal information you may make a written request that the matter be considered by our Internal Disputes Resolution Committee. This Committee is comprised of Barry.Nilsson. Partners. If you are dissatisfied with the Committee’s decision you may request that the Queensland Law Society review the matter. We agree to accept the determination of the Queensland Law Society as final. You also have the right to complain directly to the Australian Information Commissioner in accordance with Privacy Act.
If you have any enquiries about privacy related issues please contact the Privacy Officer on +61 7 3231 6300.