WHAT DOES PERSONAL INFORMATION REFER TO?
‘Personal information’ refers to information or opinions regarding an identified individual, or one that is reasonably identifiable, regardless of its truth or whether it is materially recorded.
‘Sensitive information’ is a form of ‘personal information’ that may attract higher protection requirements and includes health, race, political opinion or membership, sexual preference, religion, criminal history among other things.
We may collect a variety of forms of personal information in your engagement with us, including name and contact details (phone and facsimile numbers, postal address, and email addresses), information pertinent to your inquiry or instructions, including any past insurance claims or information and information directly related to private information in investigating breaches and undergoing eDiscovery processes, which could include sensitive information.
If you do not wish to disclose personal information to us, you may be able to remain anonymous or use a pseudonym when requesting general advice regarding our services. Please contact us using your preferred method of communication if this is preferrable and indicate you wish to remain as unidentified as practical. Please note however that this may restrict our abilities to provide our services to you.
HOW DO WE COLLECT PERSONAL INFORMATION?
Personal information may be collected from us several ways, these include:
Directly from you through information you provide on our website.
Directly from you over telephone, email or in writing
From a third party that you have authorised to provide the information. These third parties are obliged to comply with relevant privacy laws.
From a client or third party where it is unreasonable or impracticable to collect it from you, including an employer or other organisation. These third parties are obliged to comply with relevant privacy laws.
During legal proceedings from parties and witnesses etc.
Through CCTV footage recorded of you during a visit to our office
Through information provided by you or another party for meetings or events held by us, including information regarding dietary needs and health information.
Through information you have provided in the course of your employment or in applying for employment.
In collecting this personal we will endeavour to inform you of:
How to contact us
Our reasons for collecting personal information
How we will collect this personal information
Whether we have any obligations to disclose your personal information
The organisations and types of organisations this applies to
Whether any of these disclosures would be outside Australia
Any potential consequences if you choose not to provide us with your personal information.
Certain information will be automatically collected when visiting our website through ‘cookies,’ which will be addressed under the heading labelled ‘Cookies’. This personal information collected could have the capability to personally identify you.
HOW DO WE USE PERSONAL INFORMATION?
Our storage and usage of your personal information is primarily for the purpose of providing our legal and advisory services to you and in our legitimate interests. In collecting information from you, we aim to advise you of our intentions behind collecting and using your personal information. These purposes include, but are not limited to:
Providing our legal and advisory services to you
Meeting our obligations under relevant statutes or other legal or regulatory obligations
We have a legitimate interest that is not overridden by your interests, rights, or freedoms
A third-party has a legitimate interest that is not overridden by your interests, rights, or freedoms
Improving our services
Monitoring and analysing our business operations
Contacting relevant individuals relating to our legal or advisory services
HOW DO WE STORE PERSONAL INFORMATION?
We store all personal information, including sensitive information, electronically or physically for as long as is reasonably necessary in your specific circumstances. We will make reasonable efforts to destroy or de-identify personal information after this time in accordance with any record management policy and procedure. Personal information relevant to legal services will be retained according to our Data Retention Policy unless otherwise agreed upon. We employ a range of IT security systems, as well as physical security, to take reasonable steps to protect of any personal information from misuse, interference and loss and unauthorised access, alteration, and disclosure.
Despite this, data protection measures are never completely secure and, despite our security measures we cannot guarantee the security of your personal information. You should ensure you protect your personal information and notify us as soon as possible if you experience any security breaches.
HOW DO WE DISCLOSE PERSONAL INFORMATION?
We will only ever disclose your personal information if it is required or reasonable in providing a service that you have requested or for any other purposes outlined in this policy.
We may disclose personal information to:
Our related body corporates or partnerships
Third parties required in providing our services
External service providers including accountants, payment system operators, translators, other advisors, financial institutions, and IT providers.
Agents, insurers, auditors, or professional advisers
Administrative service providers
Government organisations or agencies
The Financial Ombudsman or other alternative dispute resolution schemes
Any other regulatory or legal organisation or body we are required to under law
Any other entities that you are notified about at the time of the collection of your personal information.
In engaging with us, you authorise us to contact third parties for the purposes of providing you with the products and services that you have requested.
If we wish to disclose your Personal Information overseas, we will take reasonable steps to ensure the overseas recipient does not breach the applicable privacy principles. We may also request your consent to disclose your sensitive information overseas if required.
We will not use the personal information you provide for direct marketing purposes, including selling or trading this information, unless express or implied consent is given. Implied consent can be assumed in circumstances where consent can be reasonably implied from the circumstances the personal information was gathered through. We may use your personal information for marketing purposes in providing information to you about are services. If you would like to opt out of receiving information from us or would not like us to disclose your personal information to any outside organisations, please contact us using our contact information below. We comply with the Spam Act 2003 and the Do Not Call Register Act 2006 regarding emails and telephone marketing respectively.
YOUR OBLIGATIONS WHEN PROVIDING PERSONAL INFORMATION OF OTHERS
When providing personal information of others, including employees or clients, express consent for the sharing of this information must be given to you by that individual before you share with us. Before sharing this information, you must:
Provide their information to us given receipt of their express consent
You must inform us if you have not followed these steps before you share any information of another party with us.
YOUR OBLIGATIONS WHEN WE PROVIDE YOU WITH PERSONAL INFORMATION
When we provide you with personal information of individuals, as per this policy, you must only hold and use the information:
For any purpose agreed upon by us
In compliance with the relevant privacy laws and privacy principles and our privacy principles.
This also applies to any agents, employees or contractors that have access to the personal information.
YOUR RIGHTS REGARDING ACCESSING, AMENDING OR ERASING YOUR PERSONAL INFORMATION
We aim to ensure that your personal information is kept accurate, complete, and current when we collect, hold, or use your information. Despite this, we require advice from you if there are any changes to your personal information. If we become aware of any incorrect personal information, we will update this with the correct information in our database.
If there are changes to your personal information, or you believe our personal information to be incorrect, inaccurate, or incorrect, please inform us of this as soon as possible using our contact information below. If we believe that this correction would not make your personal information more accurate, complete, relevant, or could make your information misleading, we may refuse to update it. If a refusal is made, this will be recorded, and we will advise you as to why this refusal was made.
You may request access to your personal information using our contact details below. We will then provide you with access to this personal information within a reasonable time, unless otherwise required or permitted by law. We may deny you access to your personal information in specific circumstances, including where this information is subject to legal professional privilege. For any denial of ours to access your personal information, we will notify you of this denial, and the reasons behind it. The request for access will not attract any fees, but if we provide you with the personal information, or access to it, we may charge reasonable costs of compliance, which will be notified to you before we carry out the request.
LINKS TO THIRD PARTY SITES
Cookies, small data files stored on your computer locally, are used on our website to improve the functionality of our website and to help us analyse site usage more accurately. The information that the cookies on this website could collect include the date and time of your visit, the specific pages visited, the browser you use to access the information, any broad demographic information. Our cookies may also operate to ensure you do not have to re-enter password information multiple times while you are visiting our website. Our cookies will not collect any personal information about you unless you consent to this, and any information collected will not be added to any personal information about you currently stored in our database. You can restrict or disable cookies through your browser, although this might reduce the or functionality of our website.
CONTACTING US AND MAKING A COMPLAINT
If you would like to contact us, for reasons including making a complaint, accessing, or amending your information, or otherwise, please contact us at:
Cybersuite Pty Ltd
Level 8, Suite 8.01
4-6 Bligh Street
Sydney NSW 2000
P O Box A2016
Sydney South NSW 1235
In Australia, for further information on privacy, visit the Australian Government Office of the Australian Information Commissioner Website at www.oaic.gov.au.