Schultz Toomey O'Brien Lawyers respects people's privacy. All our staff are required to read this policy and understand their responsibilities when dealing with personal information.
Schultz Toomey O’Brien Lawyers is bound by the Australian Privacy Principles (APPs) in the Privacy Act 1988 (the Act). Our policy has been updated to comply with the amended policy as of March 2014. We have adopted internal policies and procedures to ensure that personal information that we collect, store, use and disclose is dealt with in accordance with the APPs. You can see the full text of the APPs online at www.comlaw.gov.au.
We may need to collect personal information about you and others including names, addresses, phone numbers and other contact details. We may also collect details of the age, sex, hobbies and other personal information about you or others.
Personal information refers to any information or any opinion, whether true or not, from which an individual’s identify is apparent, or can reasonably be ascertained.
We may need to collect personal information so we can:
If we are not provided with all the personal information we request, we may be unable to act for or do business with you or others.
Where possible we will collect personal information directly from the individual concerned. However, an individual's representatives may hold personal information (e.g., financial or bank account details or a credit reference) that we may need to access for particular dealings, legal proceedings or other purposes. Where we are at liberty to do so, we will use our best endeavours to seek an individual's consent before obtaining their personal information from third parties.
We may need to collect sensitive information about you or others for dealings or in relation to proceedings.
Sensitive information refers to information about a person's racial or ethnic origin, political opinions or associations, religious beliefs or affiliations, philosophical beliefs, trade and professional memberships, sexual preferences or practices, criminal record or health information. Under the APPs we are entitled to collect sensitive information about you or others for a number of reasons, including where the collection is necessary for the establishment, exercise or defence of a legal or equitable claim.
Where we are required to and it is practicable to do so, we will seek your consent before collecting your sensitive information and inform you of the purpose at the same time.
Any personal information that is collected by us is done so when the following situations occur:
The personal information of our clients or their representatives will usually be recorded or up-dated on our computer database. Otherwise personal information will be kept on the file involving the matter in which the individual concerned is involved or for which the personal information was collected.
Any additional purpose for the collection (not included in this policy) will be identified when we collect the personal information, or as soon as practicable afterwards.
We will use personal information:
Except where indicated above, we will not disclose personal information to a third party unless:
If for any reason we use or disclose personal information in accordance with the above, we will contact you and make note of the use or disclosure.
We may use personal information to update the individual of new services and marketing initiatives that we think may be of interest to them. This may include newsletters, invitations to seminars or business functions, and general information about Schultz Toomey O’Brien Lawyers.
Those who prefer not to receive information about our services or seminars, can contact our Privacy Officer to be removed from the relevant circulation list. Contact details for our Privacy Officer appear at the end of this policy. Alternatively, they can choose the ‘opt-out’ on any electronic newsletters they receive.
We never disclose personal information to a third party for the purpose of allowing them to direct market their products or service on an individual, unless individuals have expressly consented to that disclosure. We may require written confirmation of a request to be removed from our circulation list, for example where legislation requires us to provide particular communications to the individual concerned.
To ensure we are meeting the needs and wants of our website users, and to develop our online services, we may collect aggregated information by using cookies. Cookies are unique identification numbers like tags that are placed on the browser of our website users. The cookies do not in themselves identify users personally, but are linked back to a database record about them.
When a user visits our site a cookie may be placed on their machine. Where a user has visited us before the cookie may be read each time they re-visit the site. We do not use this technology to access any other personal information of a user in our records and a user cannot be personally identified from a Cookie. If a user chooses not to have their browser accept cookies from our site, they will still be able to p the text on their screens.
We may transfer personal information overseas if necessary for the conduct of a legal matter or for a business transaction or other dealing. Otherwise, we will not transfer personal information outside Australia unless:
We ask that you tell us of any changes to the personal information we hold about you. We can be notified at any time to update personal information or to be told that the personal information we hold about you is inaccurate or incomplete. We will then take reasonable steps to correct the information in the manner requested.
If we consider that the personal information we retain does not require amendment, we will annotate the request on our files
The protection of personal information is a priority for Schultz Toomey O’Brien Lawyers. We are committed to maintaining:
We will generally allow an individual access to any personal information that we hold about them on request - subject to any Exceptions of Access. We will try to give the individual concerned, access in a form and manner that suits their needs. To request access please contact our Privacy Officer.
We are entitled to restrict access to personal information in accordance with the APPs. You may not be allowed access to personal information we hold where access would reveal evaluative information generated by Schultz Toomey O’Brien Lawyers in connection with a commercially sensitive decision-making process. Instead, Schultz Toomey O’Brien Lawyers may give you an explanation for the decision, rather than direct access to the information.
If we have given you such an explanation and you believe that direct access to the evaluative information is necessary to provide a reasonable explanation of the reasons for the decision, we will, at your request, review the decision. Personnel other than the original decision-maker will conduct the review.
Wherever direct access by you is impractical or inappropriate, we should consider together whether the use of a mutually agreed intermediary would allow sufficient access to meet both our needs and concerns.
Other instances where it may not be appropriate to provide you with access to the personal information we hold, include where:
An individual will incur no charges for lodging a request to access personal information. However, we may levy a reasonable charge for providing the access. We will provide an estimate of any charge on request, or if it appears to us that the work will be onerous or otherwise warrants a charge.
We are committed to constantly improving our procedures so that personal information is treated appropriately. If you feel that we have failed to deal with your personal information in accordance with the APPs or this policy, please speak to us so that we have an opportunity to resolve the issue to your satisfaction.
Our Privacy Officer will manage the following process for us to:
If this process does not result in an outcome that is satisfactory to you, you may contact the Privacy Commissioner's Office. We will work together with the Privacy Commissioner's Office to resolve the issues between us.
The contact details for the Privacy Commissioner's Office are as follows:
Privacy Commissioner's Office
Level 8, Piccadilly Tower, 133 Castlereagh Street, Sydney NSW 2000
GPO Box 5218, Sydney NSW 1042
P: 1300 363 992 (for the cost of a local call anywhere in Australia)
TTY: 1800 620 241
F: +61 2 9284 9666
Further information about privacy and your rights can be obtained at the Federal Privacy Commissioner's website at www.privacy.p.au
If you wish to access any personal information that we hold about you, or have a query about this policy, please contact our Privacy Officer:
Schultz Toomey O’Brien Lawyers
8 Innovation Parkway
KAWANA QLD 4575
P: 07 5413 8900
F: 07 5413 8958