1. ABOUT THIS POLICY
1.5.2 it will thereupon apply through your acceptance of it by subsequent or continued use of the Platform.
1.7 By using the Platform, or by engaging us to provide services or other assistance for you, you affirm that you are 18 years or over or otherwise possess legal parental or guardian supervisory consent.
2.1.1 what information we collect;
2.1.2 how we collect personal information;
2.1.3 how we use personal information;
2.1.4 the disclosure of personal information;
2.1.5 your right of access to your personal information;
2.1.6 your right to inspect and, where necessary, correct the personal information that we hold about you;
2.1.7 your right to have your personal information protected from misuse or unauthorised access; and
2.1.8 your right to have your privacy complaints investigated and resolved.
3.1 The kinds of Personal Information we collect will depend on what type of interaction you have with us. However, it may include:
3.1.1 information such as your name, date of birth, gender, postal address, residential address, occupation, career history, telephone number, email address, age, and IP address;
3.1.2 information relating to the nature of any services being sought, including information of a commercial or legal nature;
3.1.3 financial information including credit card and banking information, business references, details about your business, or your Australian Business Number;
3.1.4 insurance details, rates and fees;
3.1.5 personal information obtained through interaction with or by following our social media pages, including Facebook, Twitter and LinkedIn (if applicable);
3.1.6 your records of communication with us when you submit an enquiry; or
3.1.7 if you are applying for a position with us, your personal information as outlined in the section below entitled Employment Applications.
3.2 We also collect information that is not Personal Information, such as data relating to your activity on the Platform or interaction with us by any means (Other Information).
3.3 Other Information we collect may include:
3.3.1 the type of browser and operating system you used to view the Platform;
3.3.2 the date and time you visited the Platform;
3.3.3 the web pages or services you accessed at the Platform;
3.3.4 the time spent on individual pages and the Platform overall;
3.3.5 which files you downloaded; and
3.3.6 information about your computer and internet connections using cookies.
3.4 We do not collect Sensitive Information about you unless:
3.4.1 it is necessary and we have your consent;
3.4.2 it is required by law or in accordance with the Act; or
3.4.3 you volunteer the Sensitive Information to us as part of your submission of an enquiry or in connection with the provision of legal services.
4. COLLECTION METHODS
4.1 If at any time you provide Personal Information about anyone other than yourself, you warrant to us that you have that person’s consent to provide such information for the purpose specified.
4.2 You are not obliged to give us your Personal Information. If you would like to access any of our services or features of our Platform on an anonymous basis, you may make a request outlining the services or features you would like to access, which we will take reasonable steps to comply with.
4.3 Other Information is collected by automated methods.
4.4 Sensitive Information (if collected) is obtained through your use of the Platform or pursuant to your engagement with us in the provision of legal services.
4.5 We have integrated Google Analytics into the Platform (see http://www.google.com/analytics/ for details). This enables the collection of data about traffic on the Platform via a DoubleClick cookie in addition to data collected through the standard Google Analytics implementation.
4.6 We may as part of the use of Google Analytics functionality switch on Display Advertising which enables features that are not available through standard implementations. This includes Remarketing , Google Display Network Impression Reporting, DoubleClick Campaign Manager integration and Google Analytics Demographics and Interest Reporting , each as described by Google.
4.7 We will not facilitate the merging of personally-identifiable information with non-personally identifiable information previously collected from Display Advertising features that is based on the DoubleClick cookie unless we have given you notice of, and have your prior affirmative (i.e., opt-in) consent to, that merger.
4.8 We have currently only activated Display Advertising for Google Analytics Demographics and Interest Reporting.
4.9 Using Ads Settings, visitors to the Platform can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads. A Browser opt-out is available at: https://tools.google.com/dlpage/gaoptout/.
4.10 We use Google Analytics Demographics and Interest Reports to obtain a more detailed understanding of our Platform users and their potential needs. Data collected from such reports may be used to more accurately target marketing and advertising campaigns based on demographic information and more generally for the Primary Purpose and additional purposes details in this Policy. We do not collect data on individuals by such methods; only aggregate data is used for planning purposes.
5. PURPOSE + USE
5.1 We, our agents, consultants and contractors may use your information for one or more of the following purposes:
5.1.1 to provide you with legal, regulatory, or other advisory services, and related services, such as access to online data rooms, and corporate intranets;
5.1.2 to send you publications and newsletters, and information about seminars and events that may interest you, or that may relate to your interests;
5.1.3 to improve our services and communications with you;
5.1.4 to maintain and develop our relationship with you;
5.1.5 to send you invoices or payment reminder notices;
5.1.6 to conduct employment-related activities where you are seeking employment with us;
5.1.7 for any other purpose for which information was provided to us or for any purpose related or ancillary to any of the above.
5.3 In addition to the Primary Purpose, we may use the Personal Information we collect and you consent to us and our Affiliated Entities using your Personal Information to:
5.3.1 investigate any complaints about, or made by you, or if we have reason to suspect you have breached any relevant terms and conditions; or
5.3.2 as required or permitted by any law.
6.1 We, may disclose Personal Information (with the exception of payment information details) and you consent to us disclosing such Personal Information to:
6.1.1 third parties engaged by us or our Affiliated Entities to perform functions or provide products or services on our or their behalf such as mail outs, marketing or advertising;
6.1.2 third parties that sponsor or promote us or our Affiliated Entities;
6.1.3 persons authorised by you to receive information held by us or our Affiliated Entities; and
6.1.4 any persons as required or permitted by any law.
7. OVERSEAS DISCLOSURE
7.1 We may disclose Personal Information to external service providers located overseas so that they can provide us with services in connection with the operation of our business, such as marketing services, business support services (including the facilitation of correspondence), and data storage.
8. EMPLOYMENT APPLICATIONS
8.1 We collect Personal Information about and from individuals who apply for employment with us. The information collected may include the applicant’s:
8.1.1 personal contact details and gender;
8.1.2 educational and employment history, including any relevant qualifications;
8.1.3 eligibility to work in Australia; and
8.1.4 referee contact details.
8.2 Personal Information relating to employment applications may be collected directly from the applicant, or from third parties, including recruitment agencies.
8.3 We also collect information relating to employment applications from other sources such as the referees provided by the applicant, and via the internet from services such as LinkedIn.
8.4 We will use the Personal Information collected in relation to an employment application to assess the applicant’s suitability for employment with us.
8.5 We may retain Personal Information collected in relation to an employment application to assess an applicant’s suitability for other roles with us.
9. ACCESS + CORRECTION
9.1 You have a right to access your Personal Information, subject to certain exceptions provided for in the Act, and as set out in clause 9.4 below.
9.2 If you require access to your Personal Information, please contact us, addressing your request to the attention of the Privacy Officer (see clause 12).
9.3 You are required to put your request in writing and provide proof of identity.
9.4 We are not obliged to allow access by you to your Personal Information if:
9.4.1 we reasonably believe that giving access would pose a serious threat to the life, health or safety of an individual, or to public health or public safety;
9.4.2 giving access would have an unreasonable impact on the privacy of other individuals;
9.4.3 the request for access is frivolous or vexatious;
9.4.4 the information relates to existing or anticipated legal proceedings between you and us and would not ordinarily be accessible by the discovery process in such proceedings;
9.4.5 giving access would reveal our intentions in relation to negotiations with you in a way that would prejudice those negotiations;
9.4.6 giving access would be unlawful;
9.4.7 denying access is required or authorised by or under an Australian law or a court or tribunal order;
9.4.8 we have reason to suspect that unlawful activity or misconduct of a serious nature relating to our functions or activities has been, is being, or may be engaged in and giving access would be likely to prejudice the taking of appropriate action in relation to the matter;
9.4.9 giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or
9.4.10 giving access would reveal internal evaluative information in connection with a commercially sensitive decision-making process.
9.5 If you make a request for access to Personal Information, we will respond to your request within a reasonable period of time, and give access to the information in the manner requested if the request is deemed by us to be reasonable and practicable.
9.6 If we refuse to give access to any Personal Information requested because of an exception, or because the request is deemed to not be reasonable or practicable due to the manner in which the Personal Information is sought, or for another other reason, we will:
9.6.1 provide you with a written notice that sets out our reasons for the refusal (to the extent that it is reasonable to do so); and
9.6.2 refer you to complaint mechanisms available to you if you wish to complain about the refusal.
9.7 We request that you keep your Personal Information as current as possible. If you believe that information about you is not accurate or your details have or are about to change, you can:
9.7.1 call us on 1300 565 846 and request that we correct or update your Personal Information; or
9.7.2 request in writing that we correct or update your personal information by sending a request addressed to the Privacy Officer using the contact details below.
9.8 In some cases, in accordance with the Act, we may charge you a fee for access to Personal Information we hold about you.
10. SECURITY + PROTECTION
10.1 We will take all reasonable steps to protect the Personal Information that we hold about you from misuse, loss or unauthorised access and disclosure.
10.2 You acknowledge that the security of communications sent by electronic means or by post, or stored electronically, cannot be guaranteed. We do not accept responsibility for misuse, loss or unauthorised access to your Personal Information where the security of information is not within our control.
10.3 If you suspect any misuse or loss of your Personal Information please contact us immediately.
11.1 If you have a complaint about how we collect, use, disclose, manage or protect your Personal Information please contact us in writing.
11.2 We will endeavour to handle your complaint as soon as possible, and within a reasonable time frame.
Australian Business Lawyers & Advisors Pty Limited
Level 10, 140 Arthur Street
North Sydney NSW 2060
P: 1300 565 846
13. INTERPRETATION + DEFINITIONS
13.1 Personal pronouns: Except where the context otherwise provides or requires:
13.1.1 the terms we, us or our refers to Australian Business Lawyers & Advisors; and
13.1.2 the terms you or your refers to a user of the Platform or another service of Australian Business Lawyers & Advisors.
Act means the Privacy Act 1988 (Cth) as amended from time to time.
Affiliated Entities means Australian Business Lawyers & Advisors subsidiaries, affiliates, associated entities and relevant partners as the case may be or the context requires from time to time.
Australian Business Lawyers & Advisors means the law firm Australian Business Lawyers & Advisors Pty Limited (ACN 146 318 783) in its personal capacity and as trustee of the Australian Business Lawyers & Advisors Trust, and acting under any other related brand name including trade marks.
Australian Privacy Principles means any of the Australian Privacy Principles set out in Schedule 1 of the Act.
NSW Business Chamber means NSW Business Chamber Limited (ACN 000 014 504) of 140 Arthur Street, North Sydney, NSW 2060.
Platform means the Australian Business Lawyers & Advisors website at http://www.australianbusiness.com.au/lawyers, including its sub-domains regardless of how they are accessed by users (including via the internet, mobile phone or any other device or other means).
Sensitive information means:
(a) information or an opinion about an individual’s:
(i) racial or ethnic origin; or
(ii) political opinions; or
(iii) membership of a political association; or
(iv) religious beliefs or affiliations; or
(v) philosophical beliefs; or
(vi) membership of a professional or trade association; or
(vii) membership of a trade union; or
(viii) sexual preferences or practices; or
(ix) criminal record;
that is also personal information; or
(b) health information about an individual; or
(c) genetic information about an individual that is not otherwise health information.