The material contained in the Swaab Attorneys web site does not constitute legal advice and the transmission of information from this web site is not intended to create, nor does its receipt constitute, an attorney-client relationship between Swaab Attorneys and the visitor or recipient of such information. Swaab Attorneys is not responsible for any action taken in reliance on any information contained in this web site. Swaab Attorneys will not accept a legal representation based on viewing this web site. All legal representations are only undertaken on the basis of a signed retainer between Swaab Attorneys and its clients. Visitors should not act upon material contained in this web site without consulting legal counsel.
Swaab Attorneys ("Swaab") is a Sydney based law firm with a reputation for providing effective and innovative legal solutions for our clients. At Swaab we collect and hold personal information necessary for us to carry out our activities as providers of legal advice, representation and other services.
At Swaab, we respect the confidential and private nature of information disclosed to us by our clients. We are committed to protecting all personal information entrusted to us. We believe that respect for your privacy is an integral part of our legal and professional obligations to you.
To deliver on our commitment to protect personal information we have developed a policy concerning the management of personal information (the "Privacy Policy"). Our policy outlines various principles concerning the collection, storage and use of personal information as outlined in the National Privacy Principles of the Commonwealth Privacy Act (1988).
Our Privacy Policy deals with:
If you any further questions concerning our commitment to protecting personal information please do not hesitate to contact our Privacy Compliance Officer whose contact details are contained in the Policy.
| 1 |
SWAAB ATTORNEYS
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| 1.1 |
Background
Swaab Attorneys ("Swaab") is a Sydney based law firm. Since 1977 Swaab has been engaged in the provision of effective and strategic legal representation and advice to a wide range of clients.
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| 1.2 |
Contacting Swaab
Swaab's contact details are as follows:
Address:
Level 1
20 Hunter Street
SYDNEY NSW 2000
Telephone: (02) 9233 5544
Facsimile: (02) 9233 5400
Email: info@swaab.com.au
Website: www.swaab.com.au
Privacy Compliance Officer: Anne Crabb
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| 2. |
PRIVACY COMPLIANCE |
| 2.1 |
Swaab is bound by the Privacy Act 1988 and the National Privacy Principles, and deals with personal information and sensitive information in accordance with such Principles. This Privacy Policy has been established in accordance with National Privacy Principle 5.1. |
| 2.2 |
The National Privacy Principles can be obtained through the website of the office of the Federal Privacy Commissioner (http://www.privacy.gov.au). |
| 3 |
INFORMATION COLLECTED BY SWAAB |
| 3.1 |
Throughout this Policy, we refer to personal information which means:
"information or an opinion (including information or an opinion forming part of a data base), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion." |
| 3.2 |
Throughout this Policy, we also refer to sensitive information which means:
(a) information or an opinion about an individual's
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix) |
racial or ethnic origin; or
political opinions;
membership of a political association; or
religious beliefs or affiliations; or
philosophical beliefs; or
membership of a professional or trade association; or
membership of a trade union; or
sexual preference or practices; or
criminal record; |
that is also personal information; or
(b) health information about an individual. |
| 3.3 |
Swaab's ability to provide you with comprehensive legal advice and service is dependant upon obtaining certain personal information from its clients ("You"). Often the information includes basic information such as your name and address and in other circumstances we may require more detailed information about yourself. A failure to provide complete or accurate information may compromise our ability to provide you with the legal services you have requested. |
| 3.4 |
The following table outlines the usual personal and sensitive information that Swaab may collect, how that information is collected and how that information is typically used.
| Type of Information Collected |
What It Is Used For |
Direct Collection
We may collect personal information directly from You either in person, by telephone, or other means of communication. The type of information collected would typically include:
- Personal history and details;
- Employment history and details
- Business interests and details
- Financial circumstances; and
- Family circumstances; and
- Other Sensitive Information.
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- Providing legal advice, representation and services.
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Website Collection
Swaab has a web site facility which is accessible by both our clients and members of the public. The facility allows for client registration, web site feed back and direct e-mail. Where this does take place the type of information collected may include:
- Personal name, contact details and E-mail addresses.
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- To respond to enquiries; and
- To provide newsletters, marketing information and invitations to seminars.
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Third Party Collection
There may be occasions where Swaab may collect personal and sensitive information from third parties such as public agencies and contractors who provide services to Swaab. |
- To provide legal advice, representation and services; and
- To communicate and correspond with such persons.
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| 3.5 |
Sensitive information collected by Swaab will (as permitted under the National Privacy Principles) be used for the purposes of establishing, exercising or defending a legal or equitable claim on our client's behalf. However, where the collection of sensitive information is not for such purposes, Swaab will ensure that any such collection of sensitive information is in accordance with the provisions of National Privacy Principle 10.
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| 4 |
HOW DOES SWAAB HANDLE PERSONAL INFORMATION?
Use and Disclosure of Information
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| 4.1 |
Consistent with National Privacy Principle 2, Swaab will only use or disclose personal information about an individual for a purpose other than the primary purpose of collection (a secondary purpose) if:
- The secondary purpose is related to the primary purpose of collection;
- You would reasonably expect us to use or disclose the information for the secondary purpose;
- You have consented to the use or disclosure;
- The use or disclosure is permitted or required under the law;
- We reasonably believe on health or public safety grounds that the information should be used for another purpose.
- It is otherwise permitted under the National Privacy Principles.
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| 4.2 |
We may from time to time be required to make files available for inspection by legal regulatory bodies. No record will be made by those bodies of any personal information contained on any file. |
| 4.3 |
We may use personal information collected from You for the purpose of providing You with direct marketing material and information upon your registering your details with us. However if You wish to cease receiving any such information You may let us know either by e-mail or by mail and your request will be actioned within 2 weeks. |
| 4.4 |
We may disclose your personal information to accountants or other advisers for the purposes of augmenting the legal services provided to You, however, except in extreme circumstances, we will seek your consent to any such disclosure. |
| 4.5 |
We may disclose personal information to external contractors but only to enable us to provide services to You. Such contractors will be required to adopt and adhere to our Privacy Policy.
Manner of collection |
| 4.6 |
As outlined in the table above at 3.4, Swaab receives personal information from various sources including direct communication with You, extraction of website information and information provided by third parties. Swaab may collect personal information about individuals from third parties but will only do so in accordance with the National Privacy Principles.
Information collected on visiting our website
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| 4.7 |
When you look at this website, a record is made of your visit. For the purpose of analysing and evaluating the performance and operation of our website, the following information is logged:
- Your IP address;
- The date and time of your visit to the site;
- The pages you accessed and documents downloaded;
- The previous site you have visited;
- The type of browser you are using.
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How Swaab uses cookies |
| 4.8 |
A "Cookie" is a small text file which is placed on your computer by webpage servers. The purpose of a cookie is to help analyse web traffic and may let the website know when you visit a particular site. Cookies allow a web application to respond to you as an individual. They can record information about your visit to the site, allowing it to remember you next time you visit and provide any relevant information to you. Cookies are also used to enhance the secure use of websites. |
| 4.9 |
Cookies can be stored in your hard drive (" persistent cookies ") or in memory (" session cookies "). A persistent cookie is a cookie which will enable a continuing record to be kept of your visits to the website. A session cookie is a cookie which is a transient cookie and tracks your visits for a website session only. |
| 4.10 |
Swaab only uses session cookies to identify which pages of the website are being used for a website session only. Upon closing your browser the session cookie set by this website is destroyed and no personal information is maintained. Swaab does not make any attempt to identify users or their general browsing activities. |
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Data quality |
| 4.11 |
Consistent with National Privacy Principle 3, Swaab is committed to ensuring that personal information collected by Swaab remains accurate, complete and up to date. In pursuit of this goal, Swaab provides, via its website, a facility for authorised users to update relevant personal details. |
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Storage and data protection |
| 4.12 |
Personal information is contained both in hard copy usually in the form of a matter file and in an electronic format within the offices of Swaab. Personal information stored as both hard copy and electronically are maintained in a secure environment subject to strict privacy protection measures. |
| 4.13 |
The above records are only accessible to personnel of Swaab who require access to enable them to perform their duties. All Swaab personnel have signed Privacy and Confidentiality Agreements binding them to comply with the National Privacy Principles. |
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Destruction of records |
| 4.14 |
Swaab will destroy records relating to personal information when such information is no longer necessary to be retained within Swaab's records. Personal information will be destroyed by shredding or other secure process. |
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Openness |
| 4.15 |
Consistent with National Privacy Principle 5.2, Swaab will upon request, inform You generally about what information it holds concerning yourself and for what purpose such information is held. With respect to gaining access to or correction of records, please see paragraph 4.16 ("Access to records") |
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Access to records |
| 4.16 |
You may access personal information by writing to the Privacy Compliance Officer of Swaab. No reasons have to be provided for seeking access. Where Swaab holds information which You are entitled to access, we will endeavour to provide a suitable range of choices as to how access may be given. |
| 4.17 |
If You believe that information held by Swaab is incorrect, incomplete or inaccurate You may request amendment of that personal information. Swaab will consider if the information requires amendment. If Swaab does not agree that there is any ground for amendment it will, if You require, place with your personal information, a statement from You as to why the information is not accurate or up to date. |
| 5 |
COMPLAINTS PROCEDURE |
| 5.1 |
Swaab is committed to providing those persons whose personal information it holds, a fair and responsible system for the handling of complaints concerning the collection, accuracy or disclosure of personal information. |
| 5.2 |
Swaab has a designated officer (the " Privacy Compliance Officer ") whose role includes dealing with complaints, concerns or queries that You may have with respect to personal information held by Swaab. Should you have any issues concerning your personal information, those complaints should be addressed to the Privacy Compliance Officer of Swaab (at the address referred to in paragraph 1.2 of this Policy). |
| 5.3 |
The Privacy Compliance Officer is authorised to deal with all such complaints as expeditiously as possible through Swaab's complaints handling process. However, if you feel that we have not adequately dealt with your concerns you may refer the matter to the Office of the Federal Privacy Commissioner at:
Postal: GPO Box 5218, Sydney NSW 1042
Telephone: 1300 363 992
Facsimile: (02) 9284 9666
E-mail: privacy@privacy.gov.au
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| 6 |
CHANGE IN PRIVACY POLICY
We reserve the right to change our privacy policy at any time. You should visit our privacy policy from time to time to see whether it has been updated. |
