WHAT KIND OF PERSONAL INFORMATION DO WE COLLECT AND HOLD?
The Privacy Act defines personal information as …information or an opinion, whether true or not, and whether recorded in a material form or not, about an identified individual, or an individual who is reasonably identifiable. This information can include your name, your address (work or home) your email addresses, phone numbers (work, home or mobile) and facsimile numbers and the like. We will obtain this information from you both by way of direct personal contact with you but also through cookies on this website. Bearing in mind that JML operates in the area of providing family law services we may also obtain sensitive information which the Privacy Act defines to mean a wide range of information including, but not limited to, information or an opinion about an individual’s racial or ethnic origin, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal records and health information. We would only collect sensitive information about you if that became necessary in order for us to effectively provide our services to you as required by our retainer with you. Basically therefore, we will collect sensitive information only if you consent to the collection of that information and if the information is reasonably necessary for us to provide relevant services. We may also collect and hold information provided by or on behalf of an applicant for employment.
HOW DO WE COLLECT AND HOLD PERSONAL INFORMATION?
Normally we would only collect personal information from you directly. Circumstances could arise though where we may receive personal information from you or indirectly from third parties. You could give us personal information by way of emails, interviews, attendances at our seminars and the like. Information could be received from a thirty party if we deal with third parties in acting for you. All information we receive is held by us in hard copy and on electronic file. Furthermore, all personal information collected is secured against unauthorised use or access.
We will use all reasonable means to protect the confidentiality of your personal information while in our possession or control. We will not knowingly share any of your personal information with any third party other than our service providers (such as barristers, experts, valuers, accountants, financial advisers or mediators) who assist us in providing services to you.
THE PURPOSES FOR WHICH WE COLLECT, HOLD, USE AND DISCLOSE PERSONAL INFORMATION
The primary purpose for which we collect personal information is to provide legal services to our clients. As part of that purpose, we keep records for administrative purposes which include personal information. Where that information relates to potential employees of JML, the primary purpose for the collection of that information is to assess that person’s suitability as an employee of our firm. Also we may use personal information for a secondary purpose such as sending you legal updates.
HOW YOU MAY ACCESS PERSONAL INFORMATION ABOUT YOU THAT IS HELD BY US AND SEEK CORRECTION OF SUCH INFORMATION
You can access your personal information and can change it and if you wish to do this, please contact us in writing. In order to protect your personal information, we may require identification from you before releasing requested information. If we hold your personal information and we are satisfied that, having regard to a purpose for which the information is held, the information is inaccurate, out-of-date, incomplete, irrelevant or misleading or if you request us to correct the information we must take 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. Also, if we correct personal information about you and we have previously disclosed this to another entity, subject to compliance with the Privacy Act and if you require us to do so we will notify that entity of the correction, and will take such steps (if any) as are reasonable in the circumstances to give that notification unless it is impractical or unlawful to do so. If for some reason we refuse to correct personal information as requested by you, we must give you a written notice that sets out the reasons for the refusal, the mechanisms available to you to complain about the refusal and any other relevant matter.
HOW MAY YOU COMPLAIN ABOUT A BREACH OF THE AUSTRALIAN PRIVACY PRINCIPLES, AND HOW DO WE DEAL WITH SUCH A COMPLAINT?
ARE WE LIKELY TO DISCLOSE PERSONAL INFORMATION TO OVERSEAS RECIPIENTS?
If it became necessary in relation to the matter which we handle for you we may need to disclose your personal information to an overseas entity which might for example include a law firm, overseas counsel or consultants or expert advisers in order for us to pr purposes. In dealing with this information we will comply with the Australian Privacy Principles.
Credit information includes:-
(i) identification information such as your name, address, date of birth and similar such information;
(ii) consumer credit liability information which includes information about credit which may have been provided to you;
(iii) repayment history information;
(iv) information about overdue credit payments;
(v) particulars of any court proceedings against you in relation to credit that has been provided to you;
(vi) information that may relate to your personal insolvency or bankruptcy;
(vii) publicly available information about you that relates to your credit worthiness;
(viii) any information about you having committed a serious credit infringement. The parts of this policy that refer to how we hold personal information and overseas disclosure in relation to personal information, how you can access and correct information or complain about a breach of your privacy in relation to personal information also applies to credit information.
If there is any suggestion, complaint or circumstance arising which gives us reason to believe that unauthorised access to, disclosure of or loss of any of your private information has occurred (Data Breach) then we will immediately notify you in writing of full particulars including providing you with the following information:
(i) a description of the Data Breach;
(ii) the private information that was the subject of the Data Breach;
(iii) evidence about how, when and by whom the private information and the system storing the private information has or may have been compromised;
(iv) the steps we are taking, and the steps we would suggest you take, to :
A. remediate and mitigate the impact of the Data Breach and preserve and protect private information not compromised;
B. we will co-operate with you and comply with your reasonable directions including your directions to:
(a) fully investigate the Data Breach;
(b) mitigate the circumstances concerning the Data Breach;
(c) respond to, deal with, or resolve the Data Breach including resolving the Data Breach, notifying the Privacy Commissioner or any regulator, and notify any individuals affected by the Data Breach; and
(d) prevent any future Data Breach.