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Our Privacy Policy

Privacy Policy

During our relationship with you we will collect information that falls within the categories of private information about people under the Privacy Act 1988 (Privacy Act).

Types of information

This may involve personal information or sensitive information. Personal information is information or an opinion which allows you to be reasonably identified as an individual. Sensitive information is more detailed data which indicates or allows another person to understand your tastes, proclivities, preferences and behaviours.

How we might obtain your information

It is likely that if we have direct interaction with you as either one of our clients or by other means we will collect personal information about you. This will be at least your title, name, address, email address, telephone numbers and other information that may identify you and to allow us to communicate together.

If we act for you as your legal adviser, it is likely that we will collect more information which will be both personal and sensitive information.

What we are likely to use your information for

We collect personal information for our business purposes, which principally are the provision of legal services and advice. However, we may also collect personal information so that we can provide our products and services and conduct our business more generally. This involves potentially advertising new products or services that we offer.

There will be a necessary amount of personal information that you provide to us to allow us to provide our services to you. If we do not receive that information, it may be that we cannot perform the services to the standard we would like, or satisfactorily or at all. In this context we will probably seek the information directly from you. However, it may be that we collect information about you from third parties. This might be through the collection of information in us acting for you or it may be that we obtain information about you in the process of acting for somebody else.

Disclosure of your personal information

We will only use or disclose personal information we hold about you for the primary purpose you provide it or for which we obtained it. If we seek to use this information for a secondary purpose, we will only do it with your consent or in circumstances where we will reasonably expect you have authorised us to use it for that secondary purpose. That secondary purpose may or may not be related to the primary purpose.

We are entitled to imply from your conduct, the circumstances of our relationship, the circumstances of the provision and collection of your private information or on any other reasonable basis that we may be able to use your private information in circumstances where it is used for a secondary purpose based on a reasonable inference or belief.

There are times when we may be forced to disclose your private information as a matter of law. We also may disclose it without your consent where it is unreasonable or impracticable for us to obtain your consent.

There are several exceptions to how we may use your private information lawfully as are set out in the Privacy Act. If you have any questions or concerns in relation to this, please contact our Privacy Officer.

Information we think might be of use to you

If we provide material to you which we consider may be useful to you in your business and you no longer wish to obtain this material, please tell us and we will no longer send it to you. Information that is legally required cannot be the subject of a request by you for us to no longer retain or provide it.

Storage of your information

We will store your personal information in number of different formats including in hard copy form, electronic form, via cloud storage, external databases or off-site backup storage. It is our intention to always take reasonable steps to protect your information from it being lost, accessed by someone else without your authorisation, to avoid it being modified or otherwise misused.

Sensitive information

If we obtain sensitive information about you, as is likely, we will only use that information for the purpose for which it was collected or otherwise in accordance with the law.

Access to your information

You may request access to any personal information we have about you by contacting our Privacy Officer. If we cannot provide the information to you as a matter of law or for any other reason, we will advise you of this and explain to you why we cannot give to you the data you seek.

Secondary and statistical data

If you access any of our online facilities like our website or any other web hosted platform, we may make a record of your visit for statistical and business purposes. The information we are likely to retain will be your server address, domain name, IP address, the date and time of your visit, the page accessed, documents downloaded, previous sites visited, and the type of browser used.

This may also involve the use of cookies. Cookies are small files of information which retrieve and save information about your visit to our website. A cookie may also be used for authentication purposes.

We do not warrant or otherwise provide any assurance as to the privacy practices of any host or operator of a website that we refer to or create links to on our website.

Sale, lease or rent

We will not sell or otherwise rent or provide your personal information to third parties without your consent or agreement.

Overseas storage

Because of contracts or arrangements, we have entered with web host and Internet service providers or other third parties, it may be that some of your personal information is stored on servers overseas. We will do everything we can to ensure this is minimised, however note that this may be out of our control. Where practicable, we will require third parties who are outside Australia to whom we transfer information about you to ensure a similar level of protection of your personal information.

Contractors and affiliates – providing personal information to them as a part of us providing services to you

As a service provider to you, it may be necessary for us to provide your personal information to other commercial entities with whom we work to provide the most time, cost and commercially effective service to you.

These may involve barristers, expert witnesses, affiliated businesses, data storage providers, software and systems providers, copying or data duplication agencies or any other person or entity to whom it is reasonably necessary for us to provide this information in the provision of services for and on your behalf. To the extent this arises, we will do all things and take all steps to ensure as best as we can that any entity to whom your personal information has been disclosed complies with the Privacy Act.

Correction of private information

Under the Privacy Act you have a right to seek access to the information we hold about you and a right to correct it, to the extent it is inaccurate. If you wish to access information we hold about you, please make your request in writing to our Privacy Officer. We may, in our discretion, charge you a reasonable fee reflecting the cost of the retrieval or correction of this material. Ordinarily, we will provide the information sought to you in electronic form. If you seek it in hard copy form, please indicate this in your request. We will do all things as are reasonable to ensure that the information we hold about you is accurate and up to date. If you are concerned it is not, please notify us and we will work with you too correct any inaccuracies.

Complaint about the way in which we have dealt with your personal information

If you have a complaint about the way we have dealt with your private information or any of your rights under the Privacy Act, please set out your complaint in writing to our Privacy Officer. We will do our best to address and process your complaint as soon as possible but note this may take up to 28 days.

Changes in this policy from time to time

This policy may change from time to time. If it is revised in the future, it will be available both on our website and in hard copy if requested. To identify which version of the document applies, go to the end of this document and the current revision or version date will be noted.

Privacy Officer contact details

Please contact our Privacy Officer if you have any questions or concerns:

Damian Ward
Privacy Officer, Brown Ward King
damianward@brownwardking.com.au
Level 7, 89 York Street, Sydney NSW 2000

This Privacy Policy is effective on and from 1 August 2021