Introduction

This is the Privacy Policy of 360Certainty Pty Limited ABN 52 635 898 707, which also trades as 360Certainty Legal, an Incorporated Legal Practice (ILP) incorporated under the Corporations Act 2001 (Cth) and is engaged in legal practice under the Legal Profession Uniform Law (NSW) (“we”, “us” and when relating to us, “our”).

We are committed to protecting the privacy of our contacts, customers, suppliers and employees (“you” and when relating to you, “your”) and complying with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (Privacy Act).

In this policy we describe how we manage your personal information.

1. The kinds of personal information we collect

The kinds of personal information that we collect include:

1. contact details such as name, role or position, address, email address, mobile number, landline number and fax number;
2. information relating to your circumstances and affairs relevant to the matter(s) in which we are instructed;
3. information about your legal interests and requirements and the legal services that you may wish to purchase;
4. information regarding our communications with you and your attendance at seminars and promotional events held by us;
5. if you are an employee or prospective employee, information about your qualifications, skills and work experience;
6. if you are a supplier or prospective supplier, information about your business skills, services, products and prices;

2. How we collect personal information

2.1 We collect personal information by various means including when:

1. you contact us with a question or inquiry;
2. you subscribe to our newsletter or legal updates service;
3. you attend a seminar or event where we are hosting or presenting;
4. you instruct us to act for you and we open a file and conduct a conflict check;
5. our clients provide information relating to related and adverse parties relevant to the advice or services we are providing;
6. we undertake a search or investigation;
7. you visit our website.

2.2 Where practicable we collect personal information about you directly from you.  However, we may have collected information about you from a third party such as a client, a third-party information provider, the courts or a person responding to our questions or inquiries.

2.3 We are required to collect the full name and address of our clients by the Solicitors Rules made under the Legal Profession Act 2004 (NSW). Accurate name and address information must also be collected in order to comply with the trust account record keeping requirements in the Legal Profession Regulation 2005 (NSW) and to comply with our duty to the courts.

2.4 If you are a client and do not provide us with name and address information we cannot act for you.

2.5 If you do not provide us with accurate personal information we may not be able to carry out our instructions or achieve the purpose for which the information has been sought.

3. The purposes for which we collect, hold, use and disclose personal information

3.1 We collect, hold, use and personal information in order to:

1. respond to your enquiries;
2. provide legal services;
3. employ competent and diligent personnel;
4. monitor or improve the use of and satisfaction with our legal services; and
5. let you know about legal developments, our expertise and legal services that may be of interest to you.

3.2 We disclose personal information:

1. in order to carry out the instructions of our clients; and
2. subject to our confidentiality obligations, when using services in support of our legal practice.

4. The parties to whom your personal information is disclosed

4.1 Subject to our confidentiality obligations, we may share some relevant personal information with:

1. parties related to a matter you have with us, government authorities and service providers as reasonably required to carry out your instructions;
2. our e-mail marketing provider for the purposes of providing you our newsletter, invitations and legal updates; and
3. third party service providers who assist us with archival, auditing, accounting, legal, business consulting, website or technology services.

4.2 We also will disclose your information if required by law to do so or in circumstances permitted by the Privacy Act – for example, where we have reasonable grounds to suspect that unlawful activity, or misconduct of a serious nature, that relates to our functions or activities has been is being or may be engaged in, in response to a subpoena, discovery request or a court order.

5. Disclosure of information outside the jurisdiction of collection

5.1 We do not disclose personal information to overseas recipients.  However, if your matter involves parties overseas we may disclose select personal information to overseas recipients associated with that matter in order to carry out your instructions.

6. Opting out of marketing communications

6.1 We may, from time to time, send you newsletters, invitations and legal updates about our services. You can opt out of receiving further such communications by notifying us using our contact details below by clicking the “unsubscribe” option at the bottom of any marketing e-mail received from us.

7. Security

7.1 We take reasonable physical, technical and administrative safeguards to protect your personal information from misuse, interference, loss, and unauthorised access, modification and disclosure. For example, we maintain our files in secure offices and limit access to personal information to individuals with a need to know.

8. Access/correction/updating personal information

8.1 You can contact us to access, correct or update your personal information. Unless we are subject to confidentiality obligation or some other restriction on giving access to the information and we are permitted to refuse you access under the Privacy Act, we will endeavour to make your information available to you within 30 days.  Examples of circumstances where we may refuse to give you access to your personal information include where:

1. giving access would be unlawful;
2. we reasonably believe that giving you access would pose a serious threat to the life, health or safety of any individual or to public health or public safety;
3. giving access would have an unreasonable impact on the privacy of others;
4. the information could reveal the intentions of a party in negotiations;
5. giving access could prejudice the taking of appropriate action in relation to unlawful activity;
6. giving access could reveal evaluative information in a commercially sensitive decision-making process.

8.2 If you request to correct your personal information, we will correct, or, if we consider more appropriate, note your request for amendment of the information on your record.

8.3 We will not charge you to make a request to access your record but we may charge you to actually provide access depending on the costs associated with obtaining and providing the material.

8.4 These actions can usually be taken by contacting a customer relations representative using the contact information on the “Contact Us” section below.

9. Notification of Changes

9.1 If we decide to change our Privacy Policy, we will send you a copy of our revised policy or post a copy on our website.

10. Complaints / Contact us

If a breach of this Privacy Policy occurs, a complaint may be made to us by submitting it via the following contact form:

We will endeavour to respond to any complaint within 30 days. If you are not satisfied with our response to your complaint you may seek a review by contacting the Office of the Australian Information Commissioner using the information available at http://www.oaic.gov.au/privacy/privacy-complaints.

---

Addendum: privacy in relation to the use of our website

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Who we share your data with

If you request a password reset, your IP address will be included in the reset email.

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where your data is sent

Visitor comments may be checked through an automated spam detection service.