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Emerson Lewis (“we” or “us”) is committed to the protection of privacy through the requirements of the Australian Privacy Principles, found in the Privacy Act 1988 (Cth) (Privacy Act).
Means information or an opinion about an identified individual, or an individual who is reasonably identifiable;
- (a) whether the information or opinion is true or not; and
- (b) whether the information or opinion is recorded in a material form or not.
We will only collect, store or disclose personal information if the Privacy Act authorises us to do so by way of exemptions or situations which allow the collection of such information.
2. Collection of your Personal Information
The type of personal information which may be collected and stored by us include but is not necessarily limited to:
- general details about you or your business, which may include your name, date and place of birth, relevant contact details, address, email address, phone number, and job title;
- if you are a current or potential client, your identification information;
- your billing information, which may include your billing address and bank account details;
- your communication preferences;
- your IP address; and
- any information relating to your interaction with us.
With your consent, we may also collect sensitive information, which may include your health information and criminal record. In accordance with the Australian Privacy Principles, we will never collect sensitive personal data without prior consent from you.
The personal information detailed above may be collected by use in circumstances where:
- you directly provide such information to us;
- you use our website (which may engage cookies);
- you apply for an employment position with us;
- you are a current or former employee with us; or
- you engage us to act for you or otherwise correspond with us.
In the above circumstances, we may collect personal information in a number of ways, which includes but is not necessarily limited to:
- public sources of information;
- third parties, including previous employers, government departments, credit reporting bodies, banking institutions, and providers of criminal and other background checks;
- educational institutions at which you studied (where you apply for an employment position with us); and
- direct information provided by you.
Personal information collected by us may be held in either hard copy or electronic form, whether cloud-based or otherwise. We are committed to ensuring your personal information is protected from misuse, theft, loss, unauthorised access and inappropriate disclosure. However, except to the extent we are liable under statute, we exclude all liability for any unauthorised use or access to your personal information.
3. Why do we Collect Personal Information?
We will only collect personal information about you to the extent that it is reasonably necessary for us to provide services to you or fulfil any secondary purpose to the provision of such services.
If we cannot collect your personal information, we may not be able to perform the services required by you.
4. Use of Personal Information
Primarily, the personal information we collect will be used for the purpose of providing our services to you. There may be other uses for your personal information, which include but are not necessarily limited to:
- complying with statutory or regulatory requirements;
- complying with court orders;
- communication and correspondence with you, whether for the purpose of providing our services to you or otherwise;
- responding to any inquiries or complaints;
- if you have applied for an employment position with us, discussing your opportunities or potential employment with us; and
- protecting, exercising or defending our legal rights.
We may also use or disclose the personal information we have collected:
- where you have consented (either expressly or impliedly) to its use or disclosure;
- to advisers, insurers or other third parties where necessary (under strict obligations of confidentiality);
- barristers, other legal representatives or contractors (under strict obligations of confidentiality); and
- government agencies, regulatory bodies, courts and enforcement bodies as required by law.
In our use or disclosure of personal information we have collected, it is not likely that such information will be used or provided to parties outside of Australia. Where it is necessary to use or disclose your personal information for services or purposes not located in Australia, we will seek your consent to do so and will take reasonable steps to ensure that the recipient does not breach the Australian Privacy Principles in relation to your personal information.
5. Accessing your Personal Information or Making a Complaint
Under the Privacy Act you have a right to access your personal information held by us and/or request that your personal information held by us be corrected.
If you wish to access or correct your personal information, or make a complaint, please direct your inquiry to:
The Proper Officer, Emerson Lewis Lawyers
Suite 102, Level 1, 10 Bridge Street
Sydney NSW 2000
Telephone: (02) 9300 9406
Fax: (02) 9299 8104
We will investigate your request or complaint and respond as soon as is reasonably practicable. If you have made a complaint about a potential breach, we will determine whether a breach has occurred and its nature, and what action to take. We will aim to resolve any complaints within 30 days.
Alternatively, you may direct a formal written complaint to the Office of the Australian Information Commissioner (OAIC):
Director of Compliance, Office of the Australian Information Commissioner
GPO Box 5288,
Sydney NSW 2001
More information about making a formal complaint can be found on the OAIC website: https://www.oaic.gov.au.