Privacy

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1. INTRODUCTION

HNLaw Pty Ltd ACN 068 367 046 trading as Holley Nethercote Commercial & Financial Services Lawyers and Compact - Compliance & Training (collectively ‘HNLaw’, ‘we’, ‘our’, ‘us’) is bound by the Privacy Act 1988 ('Privacy Act'), including the Australian Privacy Principles ('APPs').  HNLaw recognises the importance of ensuring the confidentiality and security of your personal information.  

Copies of this Policy are available free of charge by contacting our Privacy Officer, or can be downloaded from our websites www.hnlaw.com.au, www.ccct.com.au, www.responsiblemanagers.com.au, and www.complianceforum.com.au by clicking on the ‘Privacy’ Link.

In this Policy:
  • ‘Disclosing’ information means providing information to persons outside HNLaw;
  • ‘Personal information’ means information or an opinion relating to an individual, which can be used to identify that individual;
  • ‘Privacy Officer’ means the contact person within HNLaw for questions or complaints regarding HNLaw’s handling of personal information;
  • ‘Sensitive information’ is personal information that includes information relating to a person's racial or ethnic origin, political opinions, religion, trade union or other professional or trade association membership, sexual preferences and criminal record, and also includes health information; and
  • ‘Use’ of information means use of information within HNLaw.


2. WHAT KINDS OF PERSONAL INFORMATION DO WE COLLECT AND HOLD?

We may collect and hold a range of information about you to provide you, your business or employer with our services, including:
  • your full name and contact details;
  • your employer, employment history, and professional memberships;
  • your areas of interest in legal and compliance developments;
  • information about your employer or business (including financial information); and
  • any other information relevant to the services we provide.


3. HOW DO WE COLLECT PERSONAL INFORMATION?

We generally collect personal information directly from you in the course of providing you or your employer with our legal or compliance services, template compliance procedures or any other of our products, or when a client instructs us to collect information on their behalf.  

We may collect personal information when you visit our website, call or meet with us, or send us correspondence.  Generally, information we collect from our websites is provided intentionally by you, such as when you participate in our compliance forum or send us a query.  Sometimes we may collect personal information about you from a third party, such as a government agency, or debt collector.

We may also collect personal information about you from a third party, such as debt collectors, government regulators or accountants.  If so, we will take reasonable steps to ensure that you are made aware of this Policy.  We may also use third parties to analyse traffic at our website, which may involve the use of cookies.  Information collected through such analysis is anonymous.

HNLaw will not collect sensitive information about you without your consent unless an exemption in the APPs applies.  These exceptions include if the collection is required or authorised by law or necessary to take appropriate action in relation to suspected unlawful activity or serious misconduct.

If you do not provide us with the personal information we request, we may not be able to provide you with our products or services, or meet your needs appropriately.

HNLaw does not give you the option of dealing with us anonymously, or using a pseudonym.  This is because it is illegal or impractical for HNLaw to deal with individuals who are not identified.


4. UNSOLICITED PERSONAL INFORMATION

HNLaw may receive unsolicited personal information about you.  We destroy or de-identify all unsolicited personal information we receive, unless it is relevant to HNLaw’s purposes for collecting personal information.  We may retain additional information we receive about you if it is combined with other information we are required or entitled to collect.  If we do this, we will retain the information in the same way we hold your other personal information. 


5. WHO DO WE COLLECT PERSONAL INFORMATION ABOUT?

The personal information we may collect and hold includes (but is not limited to) personal information about:
  • clients and potential clients, their employees or other representatives;
  • visitors to our website, including our compliance forum;
  • service providers or suppliers; 
  • prospective employees, employees and contractors; and
  • other third parties with whom we or our clients come into contact.


6. WHY DOES HNLAW COLLECT PERSONAL INFORMATION?

We collect and hold personal information about you so that we may:
  • provide you with our legal services and compliance products or services;
  • provide you with information that might be of interest to you, and invite you to events;
  • conduct our business, and comply with relevant laws, regulations and other legal obligations;
  • comply with our legal obligations;
  • address any concerns or complaints you may have; and
  • help us improve the products and services offered to our clients.

We may use and disclose your personal information for any of these purposes.  We may also use and disclose your personal information for secondary purposes which are related to the primary purposes set out above, or in other circumstances authorised by the Privacy Act.  

Sensitive information will be used and disclosed only for the purpose for which it was provided (or a directly related secondary purpose), unless you agree otherwise or an exemption in the Privacy Act applies.


7. WHO DO WE DISCLOSE PERSONAL INFORMATION TO?

We may disclose your personal information to:
  • other parties you have engaged (or we have engaged on your behalf) or that we are associated with, such as barristers, consultants, and business associates;
  • agents, professional advisers or service providers we engage to carry out our functions and activities such as our lawyers, accountants, insurers, mercantile agents, and couriers;
  • organisations involved in managing our payments, including payment merchants and financial institutions such as banks;
  • regulatory bodies, government agencies, law enforcement bodies and courts; and
  • others you have authorised us to disclose it to, or as required by law.
If we disclose your personal information to service providers that perform business activities for us, they may only use your personal information for the specific purpose for which we supply it.  We will ensure that all contractual arrangements with third parties adequately address privacy issues and will make third parties aware of this Policy.


8. SENDING INFORMATION OVERSEAS

We are not likely to disclose your personal information to any overseas recipient.

We will not disclose your personal information to overseas recipients without your consent unless:
  • we have taken reasonable steps to ensure that the recipient does not breach the Privacy Act, or the APPs; or
  • the recipient is subject to a similar information privacy regime.


9. MANAGEMENT OF PERSONAL INFORMATION

HNLaw recognises the importance of securing the personal information of our clients.  We will take steps to ensure your personal information is protected from misuse, interference or loss, and unauthorised access, modification or disclosure. 

Your personal information is generally stored in our computer database.  Any paper files are stored in secure areas.  In relation to information that is held on our computer database, we apply the following guidelines:
  • passwords are required to access the system; 
  • unauthorised employees are barred from updating and editing personal information;
  • all computers which contain personal information are secured electronically;
  • we have procedures for the disposal of personal information;
  • hard-copy personal information is shredded.


10. DIRECT MARKETING

HNLaw may only use personal information we collect from you for the purposes of direct marketing without your consent if:
  • the personal information does not include sensitive information; and
  • you would reasonably expect us to use or disclose the information for the purpose of direct marketing; and
  • we provide a simple way of opting out of direct marketing; and
  • you have not requested to opt out of receiving direct marketing from us.
If we collect personal information about you from a third party, we will only use that information for the purposes of direct marketing if you have consented (or it is impracticable to obtain your consent), and we will provide a simple means by which you can easily request not to receive direct marketing communications from us.  We will draw your attention to the fact you may make such a request in our direct marketing communications. 

You have the right to request us not to use or disclose your personal information for the purposes of direct marketing, or for the purposes of facilitating direct marketing by other organisations.  We must give effect to the request within a reasonable period of time.  You may also request that we provide you with the source of their information.  If such a request is made, we must notify you of the source of the information free of charge within a reasonable period of time.


11. IDENTIFIERS

We do not adopt identifiers assigned by the Government (such as driver’s licence numbers) for our own file recording purposes, unless one of the exemptions in the Privacy Act applies.  


12. HOW DO WE KEEP PERSONAL INFORMATION ACCURATE AND UP-TO-DATE?

We are committed to ensuring that the personal information we collect, hold, use and disclose is relevant, accurate, complete and up-to-date.  

We encourage you to contact us if any personal information we hold about you needs to be updated.  If we correct information that has previously been disclosed to another APP entity, we will take reasonable steps to notify the other APP entity of the correction unless it is impracticable or unlawful to do so.  Where we are satisfied information is inaccurate, we will take reasonable steps to correct the information within 30 days, unless you agree otherwise.  We will not charge you for correcting your personal information.


13. ACCESSING YOUR PERSONAL INFORMATION

Subject to exceptions in the Privacy Act, you can access the personal information that we hold about you by contacting the Privacy Officer.  We will generally provide access within 30 days of your request.  If we refuse to provide you with access to the information, we will provide reasons for the refusal.

We will require identity verification and specification of what information is required.  An administrative fee for search and photocopying costs may be charged. 


14. UPDATES TO THIS POLICY

This Policy will be reviewed from time to time to take account of new laws and technology, and changes to our operations and the business environment.


15. MAKING A COMPLAINT

If you have any questions about this Policy, or wish to make a complaint about how we have handled your personal information, you can lodge a complaint with us by:
  • telephoning – +613 9670 8200
  • writing – HNLaw Privacy Officer, 22/140 William Street, Melbourne VIC 3000
  • emailing – law@hnlaw.com.au

If you are not satisfied with our response to your complaint, you can also refer your complaint to the Office of the Australian Information Commissioner by:
  • telephoning – 1300 363 992
  • writing – Director of Complaints, Office of the Australian Information Commissioner, GPO Box 5218, SYDNEY NSW 2001
  • emailing – enquiries@oaic.gov.au

General