(effective post 12 March 2014)
IMPORTANT BACKROUND REQUIRING YOUR UNDERSTANDING
At Summers Legal we treat the privacy of personal information with great importance.
Summers Legal operates the website summerslegal.com.au (the “Website”) which is accessible via desktop, tablet and mobile.
Please understand that due to the nature of our professional legal services business we may collect sensitive information as defined under the Privacy Act, such as racial or ethnicity information, political opinions or associations, criminal records or health information.
We are bound by the Privacy Act as our business falls within the Privacy Act’s criteria of application. As a legal firm operating within the jurisdiction of Western Australia we have additional obligations of privacy and confidentiality in accordance with the provisions of the Legal Profession Act 2008 (Western Australia) and associated legislation including the Legal Profession Conduct Rules 2010.
It is likely that we will collect your; name, physical and electronic contact details, gender, occupation, and depending on the circumstances we may also collect details of your family members names, family history, health details, financial resources, assets and liabilities, and any other information provided.
For some of our professional legal services we may require you to verify your identity and will collect your personal information to enable verification of your identity, including information from your passport, driver’s licence, medicare and banking cards.
If you subscribe to our e-news and information services we may collect your name and email address even though you have not engaged Summers Legal to undertake legal services.
We may also collect non-personal information about you including, but not limited to, data relating to your activities on our Website (including IP addresses) via tracking technologies such as cookies, web beacons and measurement software or data relating to survey responses.
You acknowledge that the PI you provide us and which we collect from you, is your own information or information which you have been authorised to provide to us.
PERSONAL INFORMATION (“PI”), HOW DO WE COLLECT IT?
Summers Legal may collect PI about you from a variety of sources including, but not limited to:
- engaging Summers Legal to undertake professional services on your behalf or on behalf of an affiliate being an entity you are associated with or a family member.
- logging on to our Website;
- communicating with Summers Legal or any of our employees via your social networking including but not limited to Facebook, Twitter and LinkedIn;
- subscribing to receive e-news and information services, email alerts, newsletters, providing feedback on surveys or research, participating in online communication with Summers Legal via our Website or by email for whatever reason;
- seeking or using our professional services and any credit provided by Summers Legal which has been granted for a period of in excess of 7 days in connection with those services (refer to the Summers Legal Privacy Act Credit Reporting Policy below); and
- applying for employment with Summers Legal.
PERSONAL INFORMATION (“PI”), HOW DO WE USE IT?
We use the PI we have collected largely for the purpose of providing you with professional legal services that you have engaged Summers Legal to undertake on your behalf or responding to your queries.
Summers Legal may use PI which we have collected to:
- to provide legal services to you, to manage and account for legal services, and to enhance legal services;
- to communicate with you;
- to transact with you;
- to comply with our legal obligations.
Occasionally we may use personal information to send you e-news and information services, email alerts, newsletters, and invites to seminars and events.
PERSONAL INFORMATION (“PI”), WHO DO WE DISCLOSE IT TO?
We may disclose your PI to:
- courts, tribunals and regulatory authorities;
- external service providers, agents and contractors so that they can provide financial, administrative or other services to assist us to provide legal services, including barristers, expert witnesses, travel consultants, photocopy and archive services providers and financial institutions; or
- other parties, as you request.
Our use of your PI does not generally involve sending your information overseas. If you instruct us to provide PI to foreign law firms for the purpose of obtaining foreign legal advice, and if such situation arises, we will not disclose PI without your specific consent.
If we have formed a reasonable opinion that disclosing PI is necessary to conduct our professional services as part of our engagement with you or we are otherwise authorised or required by law to do so we may disclose PI to relevant public, government or regulatory authorities, or other parties in the provision of our professional services to you.
If you contact one of our strategic partners listed in our marketing material or linked via our Website we are not responsible for the way these organisations collect, use, disclose or handle PI.
PERSONAL INFORMATION (“PI”) HOW DO WE USE IT FOR OUR OWN PURPOSES?
We may use PI for our own benefit in order to;
- ensure that content from the Website is presented in the most effective manner for you and for your computer;
- provide a better service or product to you;
- combine your personal information with information that Summers Legal has collected from its service providers, third parties, cookies or applications in order to provide you with an improved quality of our professional services;
- personalise and customise e-newsletters, website content and publications that you view and engage with on
- respond to or provide you with service, information and assistance that you request from Summers Legal;
- contact you to conduct surveys, research and feedback about our services publications or the Website;
- verify your identity when you register or log into our Website and if required remind you of your password and username;
- allow you to participate in interactive features of our online services, when you choose to do so;
- help carry out our obligations arising from any engagement entered into between you and Summers Legal;
- to assess your application for credit for our services (to approved clients only);
- to market our products and services or provide you with information about offers of services, which we believe may be of interest to you. We may make such contact even though we no longer are engaged by you to provide professional services.
If you submit PI to us in relation to an employment opportunity with Summers Legal, we may also use your personal information to:
- consider you for the position for which you have submitted your personal information to us or any other positions that are or become available in the future;
- respond to you in relation to any future application you make for an employment opportunity with us; and
- contact your referees in order to collect the information you have consented to us collecting about you in order to consider you for employment opportunities with us.
PERSONAL INFORMATION (“PI”), HOW DO WE COLLECT IT
Summers Legal collects PI in most cases by:
- forms filled out by you , for example when we a new client engages our Firm or when an individual attends a seminar;
- by subscription to our Website, E-news or updates;
- meetings, emails, interviews or telephone calls with you;
- business cards provided by you;
- instructions from you or your agents; and
- information in the public domain.
If you do not PI required by us from time to time, we may not be able to provide our services to you or otherwise fulfil the purpose for which you have engaged us or we have requested the information.
CREDIT REPORTING, OUR POLICY
We are a credit provider as defined under 6G of the Privacy Act as we provide credit to our clients in limited and specific circumstances for periods of greater than 7 days. Therefore Summers Legal provides ‘commercial credit’ for the purposes of the Privacy Act to individuals and entities who apply for credit in relation to our services.
We do not provide any consumer credit and are not licensed to do so.
If you engage us on the basis of credit terms you may be asked to provide PI from other credit providers, their bank, contractors and suppliers for the purposes of assessing your application.
Set out below is our policy on managing your personal credit information (“PCI”)
CREDIT REPORTING, COLLECTING, HOLDING AND MANAGING YOUR PCI
PCI covers the conduct of your credit with Summers Legal information that we may collect credit reporting bodies (“CRBs”) on how you manage your credit arrangements with others.
PCI that we may collect and hold about you may include but is not limited to;
- identification information: such as your name, address, date of birth or employer;
- information about consumer credit you hold with other credit providers;
- credit reporting information about you from CRB’s to assess your credit worthiness and standing and our determination about the credit you have applied for including a CRB’s analysis of risk;
- arrears information: information from CRB’s to determine if you are failing to manage your credit arrangements with third parties such as default and and overdue payments;
- legal and court proceedings that you may be involved in regarding your financial obligations or that may create a contingent or present liability for you and which could effect your ability to maintain the credit we may provide you;
- personal and corporate insolvency information: about bankruptcy ,administration, liquidation, compromise with creditors or related matters;
- information in the public domain;
- information provided by third parties where allowed by the Privacy Act.
PCI as with PI both in electronic and digital form is kept onsite at our premises in Western Australia or offsite with our archive storage contractors Grace Records Management with whom we have entered into a contract for secure storage at their facility in Western Australia.
CREDIT REPORTING, NON-DISCLOSURE OF PCI
We do not disclose PCI to CRBs.
If we commence legal proceedings against you for a default of our credit terms (which we undertake as a last resort), the information of such proceeding and any resulting judgement or discontinuance may become a matter of public record and be obtained by third parties and CRB’s
The way we deal with PCI and is regulated by Part IIIA of the Privacy Act and its associated Credit Reporting Privacy Code.
CORRECTION OF AND ACCESS TO PI AND PCI
Want to know what PI or PCI we hold about you? Please contact Summers Legal by email at firstname.lastname@example.org so that we may provide you with the requisite information. We will likely require you to verify your identity before providing the requested information. We will endeavour to respond to you within 14 days by return email.
Should you become aware that PI or PCI is inaccurate or out of date and requiring rectification or updating please contact us by email as we endeavour to maintain accurate records and data on all those with whom we have a professional or communication relationship. Please be as specific as you can and send your email to email@example.com so that we may resolve your concerns. We will endeavour to correct or rectify our records and confirm that it has been done within 14 days by return email.
For information about privacy issues in Australia and protecting your privacy, visit the Office of the Australian Information Commissioner’s website.
DO WE DISCLOSE ANY PI TO OUTSIDE PARTIES?
We do not sell, trade, or otherwise transfer to outside parties your PI. This does not include trusted third parties who assist us in operating our Website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.
We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
SECURITY AND DESTRUCTION OF PI AND PCI
We strive to ensure the security, integrity and privacy of personal information we collect. We have established safeguards and use reasonable security measures to protect your personal information from unauthorised access, modification and disclosure.
Our employees, contractors, agents and service providers who provide services related to our information systems and storage of PI, are obliged to respect the confidentiality of any personal information held by us. We review and update our security measures in light of current technologies.
We are bound to keep client records for 7 years and in some cases ( for example wills and estate matters) indefinitely in accordance with the Legal Profession Act 2008 (Western Australia) and its associated legislation.
If you have not engaged Summers Legal for professional legal services and we have no need to retain your PI for reasonable purposes we will remove or destroy your PI within a reasonable time frame. We constantly review the destruction of PI no longer required.
Archived documents relating to former matters and/or clients are stored either at our principal place of business or with our storage providers Grace Records Management, Forrestfield, Western Australia.
PI and PCI collected and stored either electronically on servers or in hard copy are all located at our principal place of business in Western Australia.
We also use 3rd party vendor re-marketing tracking cookies, including the Google Adwords tracking cookie. This means we will continue to show ads to you across the internet, specifically on the Google Display Network (“GDN”). As always, we respect your privacy and are not collecting any identifiable information through the use of Google’s or any other 3rd party remarketing system.
Google Analytics Demographics & Interest Reporting
You can opt out of this feature by visiting the following link:
Google Analytics opt-out browser add-on(hyperlink)
This data is used to provide better services and more relevant content to our users based on demographic and interest data.
PORTLETS WIDGETS, WEB PARTS, GADGETS, BADGES, MODULES, SNIPPETS AND FLAKES (“APPLICATIONS”) OR LINKS TO OTHER WEBSITES
On our Website we may provide applications to other websites. We also allow some third parties to display applications on our Website allowing you to interact and share content including social media buttons such as Facebook,
Twitter and LinkedIn.
These linked sites and applications are not under our control, and we cannot accept responsibility for the conduct of entitys linked to our Website, or their collection of information through these applications.