1. Purpose of the Policy
This policy details how we comply with the Privacy Act 1988 (Cth), including the Australian Privacy Principles which were introduced under the Act.
In particular, this policy sets out how we collect and handle your Personal Information and Sensitive Information, how you can access and correct such information and how you can make a complaint about our handling of your information.
This policy does not apply to the collection or use of Personal Information about corporations.
You should read this policy in conjunction with our Credit Reporting Policy.
We may modify this policy from time to time by publishing it on our website. We encourage you to check our website periodically. If you would like a hardcopy of this policy, please contact Dan Simmonds at firstname.lastname@example.org.
2. Personal Information and Sensitive Information
The Privacy Act deals with ‘Personal Information’ and ‘Sensitive Information’.
'Personal Information' is defined as:
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.
‘Sensitive Information’ includes things such as race, sexual orientation, political opinions, members of a trade association or trade union, criminal record or health information.
We ensure all Personal Information and Sensitive Information we collect about you is handled in accordance with the Privacy Act 1988 (Privacy Act).
3. Type of Personal Information Collected
We may collect and hold Personal Information, including:
- Your name, date of birth and address
- Telephone numbers
- E-mail address
- Career history
- Personal history
- Credit card information
- Licence details
4. Collection of Information
We may collect your Personal Information so we can provide services to you. We will only collect Personal Information where it is reasonable and practicable to do so and by fair and lawful means.
We generally will only collect such information about you if you voluntarily submit it to us by:
- providing your information in person or during a telephone call with our staff;
- sending us an email or facsimile;
- completing forms; and/or
- sending us information on our website.
We will not collect Personal Information about you from third parties unless:
- you consent to the collection of the information from someone else; or
- it is unreasonable or impracticable to collect the information from you.
If it is unclear to us whether you have consented to the collection of Personal Information from a third party, we will take reasonable steps to contact you to ensure that you are aware of the reason and purpose of the collection.
We will inform you if we are required to collect Personal Information without your consent under law or pursuant to a court/tribunal order.
5. Collection of Sensitive Information
It is our aim to get your consent before collecting Sensitive Information about you. However, in some circumstances we are permitted to collect Sensitive Information without your consent, including where:
- there is a ‘permitted general situation’ under the Privacy Act;
- there is a ‘permitted health situation’ under the Privacy Act; or
- as required or authorised under law or pursuant to a court/tribunal order.
6. Unsolicited Personal Information
If we receive Personal Information which was not solicited by us, we will assess whether it is information we would ordinarily be permitted to collect and whether it is contained in a Commonwealth record. If it is not, we will destroy or de-identify the information as soon as practicable where reasonable and lawful to do so.
7. Storage & Integrity of Personal Information
The Lantern Legal Group will take all reasonable steps to protect the security of the Personal Information that the Lantern Legal Group holds, whether in electronic form of materials stored and generated in hard copy.
Reasonable steps will be taken to protect Personal Information from misuse, interference and loss and also from unauthorised access, modification or disclosure.
8. Use and disclosure of Personal Information
We are bound by professional obligations of confidentiality and legal professional privilege. We will always treat information we receive (including Personal Information) in accordance with these principles.
We collect, use and store your Personal Information to:
- establish your identity;
- provide our services;
- provide you with details of our other services;
- process payments made by you or received on your behalf;
- inform you of upcoming events we have organised;
- provide you with additional information on changes in the law or in your own particular circumstances;
- comply with legal obligations;
- conduct and improve our business; and
- manage our relationship with you.
We may disclose your Personal Information to:
- the courts;
- the Law Institute of Victoria;
- our insurer/s;
- barristers, other lawyers and advisors in the course of acting on your behalf; and
- service providers, government agencies and institutions necessary to provide our services to you.
By engaging us to provide services, you consent to these uses and disclosures. You may put limitations on how we use or disclose your Personal Information or Sensitive Information. We will not use or disclose such information without your consent or contrary to your instructions unless authorised or required by law (including where the use or disclosure meets an exception in the Privacy Act). We do not disclose your Personal Information or Sensitive Information to international recipients for financial purposes. Your Personal Information may be stored on third party computer servers based overseas, including in the US, Europe and Asia. You may contact us for up to date information, if this is of concern to you.
9. Accessing or correcting Personal Information
We want to make sure the Personal Information we hold is accurate, up-to-date and complete. Please notify us if you believe we hold information that is inaccurate, outdated or incomplete so it can be corrected. There is no cost to do so.
You are entitled to access your Personal Information held by us. You can do so by email to email@example.com or by post to PO Box 633, Collins Street West, Victoria 8007. We will respond to the request within a reasonable period of time.
There may be reasons why we deny access, including where:
- access would be unlawful or likely to prejudice enforcement related activities;
- access would disclose a commercially sensitive decision making process;
- providing access would create an unreasonable impact on the privacy of others;
- the requested information relates to existing or anticipated legal proceedings with you;
- providing access would prejudice negotiations with you;
- providing access would pose a serious threat to life, health or safety to any individual or to the public in general;
- the request is frivolous; or
- denial of access is otherwise authorised by law.
You are permitted to keep your identity anonymous or use a pseudonym when you contact us. However, we will not release any information without sufficient proof of identity.
We may charge a fee to cover the reasonable cost of meeting a request to access information.
Any complaints relating to privacy matters can be made to Dan Simmonds, Managing Principal of the Lantern Legal Group by email to firstname.lastname@example.org or by post to PO Box 633, Collins Street West, Victoria 8007.