1. What is “personal information”?

The Privacy Act 1988 (Cth) currently defines “personal information” as meaning information or an opinion about an identified individual or an individual who is reasonably identifiable:

• whether the information or opinion is true or not; and
• whether the information or opinion is recorded in a material form or not.

If information does not disclose your identity or enable your identity to be ascertained, it will in most cases not be classified as “personal information” and will not be subject to this privacy policy.

2. What information do we collect?

The kind of personal information that we collect from you will depend on how you use the website. The personal information which we collect and hold about you may include your name, address, date of birth, phone numbers, email addresses, social media username and password, credit card details, occupation, government identifiers and financial information.

We may also collect, and process non-personal information provided to us by your browser when you visit our website.

3. How we collect your personal information

We may collect personal information from you whenever you input such information into the website.

We may collect personal information from third parties.

We also collect cookies from your computer which enable us to tell when you use the website and also to help customise your website experience. You can control your internet browser to limit the collection of cookies, or to notify you when they are being used. As a general rule, however, it is not possible to identify you personally from our use of cookies.

4. Purpose of collection

The purpose for which we collect personal information is to provide you with the best service experience possible on the website.

We customarily disclose personal information only to our service providers who assist us in operating the website.

Your personal information may also be exposed from time to time to maintain and support personnel acting in the normal course of their duties.

Your personal information may also be used to comply with regulatory requirements or where otherwise required by law.

By using our website, you consent to the receipt of direct marketing material. We will only use your personal information for this purpose if we have collected such information directly from you, and if it is material of a type which you would reasonably expect to receive from us. We do not use sensitive personal information in direct marketing activity. Our direct marketing material will include a simple means by which you can request not to receive further communications of this nature.

5. Links to other websites

We may provide links to other websites operated by third parties. We make no representations or warranties in relation to the privacy practices of any third-party website and we are not responsible for the privacy policies or the content of any third party website. If you visit these websites, they will be governed by their own terms of use (including privacy policies). 

6. Sensitive Information

Sensitive Information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.

We only collect Sensitive Information where it is reasonably necessary for our functions or activities and either:

• the individual has consented; or
• we are required or authorised by or under law (including applicable privacy legislation) to do so.

7. Access and correction

Australian Privacy Principle 12 permits you to obtain access to the personal information we hold about you in certain circumstances, and Australian Privacy Principle 13 allows you to correct inaccurate personal information subject to certain exceptions. If you would like to obtain such access, please contact us as set out below. info@parkstonlaw.com.au.

If a fee is charged for providing access, you will be advised of the likely cost in advance.

8. Security

We will take reasonable steps to protect the security of personal information from misuse. We are required to respect the confidentiality of personal information and the privacy of individuals. Where we no longer require your personal information, we will take reasonable steps to destroy or de-identify it.

Personal information that is stored in our client files will be kept for as long as required for our functions or activities and otherwise as required by Australian law

9. Complaint procedure

If you have a complaint concerning the manner in which we maintain the privacy of your personal information, please contact us as set out below. All complaints will be considered by our privacy officer and we may seek further information from you to clarify your concerns. If we agree that your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem. If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner.

10. Overseas transfer

Your personal information may be transferred overseas or stored overseas for a variety of reasons. It is not possible to identify each and every country to which your personal information may be sent. If your personal information is sent to a recipient in a country with data protection laws which are at least substantially similar to the Australian Privacy Principles, and where there are mechanisms available to you to enforce protection of your personal information under that overseas law, we will not be liable for a breach of the Australian Privacy Principles if your personal information is mishandled in that jurisdiction. If your personal information is transferred to a jurisdiction which does not have data protection laws as comprehensive as Australia’s, we will take reasonable steps to secure a contractual commitment from the recipient to handle your information in accordance with the Australian Privacy Principles.

11. Policy updates

This Policy may change from time to time and is available on our website. A copy may also be obtained by contacting our Privacy Officer (details below).

12. How to contact us about privacy

If you have any queries, or if you seek access to your personal information, or if you have a complaint about our privacy practices, you can contact our Privacy Officer by email at info@parkstonlaw.com.au or on the contact details on our website.