Our collection of your personal information
As a necessary consequence of our engagement, Macphillamy’s will collect certain personal information. Our collection of your personal information will not be unreasonably intrusive and will be lawful and fair.
The personal information we will be likely to collect will include (but is not limited to):
- for individuals, your full name, date of birth, residential address, contact details, occupation and ABN where applicable;
- in any other case, the full legal name, registered address, ABN/ACN and corporate key;
- any other information that we are required by any legislative provision to collect which may include a copy of your Australian or foreign Passport, a copy of your Australian Drivers Licence and/or proof of residential address;
- any other information necessary to assist us in the provision of the legal services that you require.
Your unwillingness to provide us with any requested information will affect our ability to provide you with the legal services that you require.
Our use and disclosure of your personal information
Macphillamy’s will only use and disclose your personal information for the primary purpose for which it is collected (ie the provision of the legal services we have been engaged to provide), unless there is a secondary purpose that is directly related to that primary purpose.
In addition, under the National Privacy Principles we may use and disclose your personal information under the following circumstances:
- if you would reasonably expect us to use or disclose that information for a secondary purpose;
- if you have consented to the use or disclosure of that information for a secondary purpose;
- if it is required by a court, tribunal, regulatory authority, administrative decision-maker or investigative body; or
- if it is required by law, subject to our professional obligations as permitted under the National Privacy Principles.
If Macphillamy’s passes your personal information on to another organisation, we will take reasonable steps to advise you of this. We will also take reasonable steps to destroy information which is no longer required for the purposes of providing the legal services that you require.
The quality of our information
Macphillamy’s endeavours to undertake all reasonable steps to ensure that the personal information we collect, use, and/or disclose is accurate, complete and up-to-date.
The security of our information
Reasonable steps will be taken to protect the personal information that we retain from misuse or loss, and from unauthorised access, modification or disclosure.
Your ability to correct your information
Subject to the provisions of the Act enabling us to decline your request, you may request us to correct your personal information if it is inaccurate or out-of-date.
Sending your information abroad
Macphillamy’s will not send your personal information to someone abroad unless:
- you consent to the transfer of information;
- the transfer is deemed necessary for the performance of the primary purpose of our engagement; or
- we are otherwise permitted to under the National Privacy Principles and there are compelling reasons to do so.
We will not collect information deemed to be ‘sensitive’ unless permitted to do so under the National Privacy Principles. ‘Sensitive information’ includes, but is not limited to, your racial or ethnic origin, political opinions, religious beliefs, trade union or other professional or trade association membership, sexual preference, criminal record and health matters.