1. General - This Policy is in accordance with the Privacy Act 1988 (Cth) and covers how we collect, use, disclose and store your personal information. It also notes how you may access your information and have it corrected, if incorrect. It details:
• why your personal information is being collected, how it will be used and who it will be disclosed to
• the option of not identifying yourself, or of using a pseudonym in certain circumstances;
• how you may ask for access to your personal information;
• whether we will send and how you can stop receiving any unwanted direct marketing;
• how you can ask for your personal information that is incorrect to be corrected
• how you can make a complaint to us, if you consider that we have mishandled your personal information.
This Policy is in place to ensure that your personal information is collected, held and used in an open and transparent way.
2. What kinds of personal information will we collect and hold?
When you engage our services, we collect information that is necessary to be able to provide you with those services. For instance, we may ask for identification information such as your name, address and date of birth and contact information (such as phone number and /or email address). We will only ask you for personal information which is reasonably necessary and directly related to us providing the services to you. We may also be required to collect information from you as required by law or various agencies, courts, tribunals or other third parties necessary to complete your services. We will only collect information from you with your consent.
3. How will we collect your personal information?
We will collect most personal information directly from you. We may also collect information from you electronically, for instance, when you visit our website or by email. Information collected when you visit our website will not be personal information (unless you provide the same as part of a webpage initiated enquiry as to our services). Sometimes we may collect personal information about you from other people or from publicly available sources of information, however this will only apply if you have engaged us to undertake service from us and we require this additional information to assist us in providing the service to you. We will only collect personal information by lawful and fair means. We will not collect information about you from third parties unless you consent to the same or if we are required or authorised by or under an Australian Law or a court/tribunal order, to collect the information from someone other than you. If we receive information about you that we did not request or which was unsolicited, and if the information is not freely available, we will, as soon as practicable but only if it is lawful and reasonable to do so, destroy the information or ensure that the information is de-identified. We will also take such steps as are reasonable in the circumstances (if any) to notify you of the unsolicited information being provided to us.
4. Why your personal information is being collected, how it will be used and who it will be disclosed to:
a) Why is your personal information being collected? We collect your personal information to assist us with providing the services to you as required from time to time. We may also be required to collect information from you in accordance with the law, such as (but not limited to) any Court applications which applies to our services. We also collect your personal information to assist us to determine:
i) your eligibility for the service (including ability to service any agreement to pay with us);
ii) providing you with the service;
iii) helping you use the service; and
iv) the use of the service in accordance with your agreements with us.
We will not use your information for any other purpose (unless such purpose is reasonably determined by us as a reasonable secondary purpose in accordance with your instructions to us from time to time) without your consent or unless we are required to by law. Such secondary purpose must be related to the primary purpose of us providing the services to you.
b) How will your personal information be used? We will use your personal information to allow us to offer the services to you and facilitate your use of the same in accordance with our agreement with you. If we use any of your personal information for statistical purposes, we will ensure the same is de-identified before being disclosed to any third party. Your personal information may be used by us for the purposes of contacting you and marketing our products and services to you. We will not use your personal information to provide you with marketing material from any third parties.
c) Who will your personal information be disclosed to? We may share your personal information with our related entities and agents, however only for the purposes of providing the services to you. Sometimes we may disclose your personal information to organisations outside of our related entities if required. For example, service providers such as emergency services providers, mailing houses, insurers and credit reporting bodies.
d) Do we disclose your personal information overseas? We will not disclose your personal information to recipients located outside Australia.
5. How will your personal information be held? Most of the personal information we hold will be stored electronically in secure data servers and backed up. These data servers are located in Australia. We use a range of security measures to protect the personal information we hold. We will take all such steps as are reasonable in the circumstances to protect the information:
a) from misuse, interference and loss; and
b) from unauthorised access, modification or disclosure.
When your agreement with us has terminated and our services to you has ceased, we are required by law to retain your records for up to six (6) years. After this time, in this instance, we will take such steps as are reasonable in the circumstances to destroy your information or to ensure that the information is de-identified, unless we are required to maintain the information by or under an Australian law, or a court/tribunal order.
6. The option of not identifying yourself, or of using a pseudonym in certain circumstances when making enquiries through our website is available should you wish to do this. However, you may not use a pseudonym if you wish to enter into an agreement with us, for us to provide you with any services, as we are required under an Australian law to deal with individuals who have identified themselves. It would also be impracticable for us to deal with individuals who have not identified themselves or who use a pseudonym as we would not be able to provide our services on that basis.
7. How you may ask for access to your personal information. You can request access to the personal information we hold about you. You can also ask for corrections to be made. To do so, please contact us on the details listed at ‘Contact Us’. We may refuse access to your personal information if we are required or authorised to refuse access (to the extent required or authorised) by or under:
i. the Freedom of Information Act; or
ii. any other Act of the Commonwealth, or a Norfolk Island enactment, that provides for access by persons to documents.
We may also refuse access if:
a. We believe that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety;
b. giving access would have an unreasonable impact on the privacy of other individuals;
c. the request for access is frivolous or vexatious;
d. the information relates to existing or anticipated legal proceedings between Us and You, and would not be accessible by the process of discovery in those proceedings;
e. giving access would reveal our intentions in relation to negotiations with you in such a way as to prejudice those negotiations;
f. giving access would be unlawful;
g. denying access is required or authorised by or under an Australian law or a court/tribunal order;
h. if the following apply:
i. We have reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to our functions or activities has been, is being or may be engaged in;
ii. giving access would be likely to prejudice the taking of appropriate action in relation to the matter; or
iii. giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or
j. giving access would reveal evaluative information generated by us in connection with a commercially sensitive decision-making process.
8. Response to Request for Information - We will respond to your request for personal information within a reasonable period after the request is made and give access to the information in the manner requested by you, if it is reasonable and practicable to do so.
Should we be unable to provide the information requested by you in the manner requested by you, we will take steps as are reasonable in the circumstances to give access in a way that meets your needs or through a mutually agreed intermediary if appropriate.
9. Access charges - We will not charge you to make a request for personal information, however we may charge you for giving access to the information and for administrative costs in obtaining and providing the personal information. These costs will not be excessive and we will provide you with an estimation of these costs upon response to your request for the personal information.
10. Refusal to Give Access. If we refuse your request for access to your personal information, we will provide you with written notice setting out:
a. the reasons for the refusal except to the extent that, having regard to the grounds for the refusal, it would be unreasonable to do so; and
b. the mechanisms available to complain about the refusal; and
c. any other matter prescribed by the regulations.
We will also, where applicable and where possible, include an explanation for the commercially sensitive decision to refuse access.
11. Do we use or disclose personal information for marketing? We will not use your personal information to offer you products and services that we believe may interest you unless:
a) you authorise us to do so in writing;
b) we are using information provided by you only (other than sensitive information); or
c) you would reasonably expect us to use the information provided for the purpose of direct marketing to you. We will not use or disclose sensitive information about you for the purposes of direct marketing, unless you have authorised the use and disclosure of your sensitive information for that purpose.
Opting In or Out of Direct Marketing. If you wish to receive marketing offers from us or opt out of marketing offers please contact us on the details listed at ‘Contact us’. You may change your preference at any time and any direct marketing provided to you will include details on how to remove your name from our marketing list.
12. How you can ask for your personal information that is incorrect to be corrected - We must take steps to ensure as far as reasonable in the circumstances, that the personal information we collect, use and disclose is accurate, relevant, up-to-date and complete. If we hold any information about you that we or you believe is inaccurate, out of date, incomplete, irrelevant or misleading, we will take such steps (if any) as are reasonable in the circumstances to correct that information to ensure that, having regard to the purpose for which it is held, the information is accurate, up to date, complete, relevant and not misleading.
If you request that we notify other entities of the correction of your information (if we had previously disclosed such information to the said entity), we will take such steps (if any) as are reasonable in the circumstances to give that notification unless it is impracticable or unlawful to do so.
Refusal to correct information. We may refuse to correct your information.
If we refuse to correct your personal information, we will provide you with a written notice detailing:
a. the reasons for the refusal except to the extent that it would be unreasonable to do so; and
b. the mechanisms available to complain about the refusal; and
c. any other matter prescribed by the regulations. If we refuse to correct your personal information as requested by you and you request we associate with the information a statement that the information is inaccurate, out-of-date, incomplete, irrelevant or misleading, then we will take such steps as are reasonable in the circumstances to associate the statement in such a way that will make the statement apparent to users of the information.
13. Response to Request for an Amendment to Your Information - We will respond to your request for personal information to be amended within a reasonable period after the request is made and give access to the information in the manner requested by you, if it is reasonable and practicable to do so. Access Charges. We will not charge you to make a request to amend your personal information and we will not charge you to make the said amendments to your personal information.
14. How you can make a complaint to us, if you consider that we have mishandled your personal information. If you are concerned about how your personal information is being handled or if you would like to make a complaint, please contact us on the details listed at ‘Contact us’. If you are unhappy with our response, we will provide you with details of the agencies to which you can direct your further concerns.
15. Remarketing - D’Angelo Legal also uses 3rd party vendor re-marketing tracking cookies, including the Google Adwords tracking cookie. This means we will continue to show ads to you across the internet, specifically on the Google Content Network (GCN). As always we respect your privacy and are not collecting any identifiable information through the use of Google’s or any other 3rd party remarketing system.
16. Contact us - You can contact us by:
Calling: +618 9381 1147
Writing to: PO Box 1953, West Perth WA 6872
Our Privacy Officer can also be contacted in relation to privacy concerns by writing to the Legal Practitioner Director of D'Angelo Legal.