Privacy Policy

Introduction

 

In the course of our business, we may collect personal information, and Privacy Policy has been created to ensure the safeguarding of all your personal information in a safe and appropriate manner.

 

At Lawyer Call, all information obtained while offering legal services to all our clients is subject to strict rules of confidentiality.

 

We are further obliged to act in accordance with the Privacy Act 1988 (Privacy Act) and the ten National Privacy Principles (NPPs) contained in schedule 3 of this Act.

 

Who does the Privacy Policy apply to?

 

This Privacy Policy applies to any person for whom we store and collect personal information.

 

This Privacy Policy does not relate to employee records of current or former employees of Lawyer Call.

 

What information is covered under this Privacy Policy?

 

‘Personal information’ can be understood to mean information or opinions that relate to a specific individual who is identifiable. It is not ‘personal information’ if it cannot be linked to a specific person.

 

Why do we hold on to personal information?

 

The main purpose for seeking to obtain and store personal information, is to provide comprehensive legal services to our clients.

 

We may use this information for other purposes, that may fall within our client’s reasonable expectations and in relation to the primary purpose of that collection. Some of these secondary purposes may include the disclosure of that personal information, when:

 

  • Complying with our professional obligations in the process of offering legal advice

  • Providing a referral to a third party, (eg. Solicitor, Barrister, medical practitioner, psychologist, Expert witness)

  • Providing reports to government bodies such as Australian Taxation Office

  • In the case of conveyancing matters, to disclose necessary information to Land Title, Strata and other search providers

What type of personal information do we collect and store?

 

Lawyer Call provides a wide range of legal services from Criminal to Traffic matters, Property, Conveyancing, Construction and Civil legal services, and as such, may hold different information dependant upon the legal services to be provided to the particular client.

 

It is essential, where possible, that we only collect the type of personal information that is required to provide the legal service to the individual, or as required by law under our professional obligations.

 

Upon initial consultation, the usual personal information we may collect and store includes:

 

  • Contact information (including name, address, contact number and email)

  • Where appropriate, client’s own personal business details such as employee member job description, number of staff 

 

As a matter may progress, we may request further information from the client, either via phone, email or in writing and this may relate to:

 

  • Driver’s licence and other validation documentation in photographic format

  • Video or Still Images (including Brief of Evidence material) given by clients to us for the purposes of assessing and offering legal advice

  • Financial information and business circumstances, including a breakdown of assets, liabilities, and investments and current accounting records

  • Banking and credit information, including tax file numbers

  • Repayment and credit histories, outstanding debts and fines

  • Bankruptcy and any other credit arrangements, activities or former proceedings

  • Any public information regarding credit worthiness, former credit infringements

  • Insurance information and claims

  • Summary of family circumstances and personal relationships

  • Summary of personal information including gender, date of birth and place of birth

  • Employment history

  • Information otherwise required by law; and

  • Any other type of personal information that we deem necessary and essential to provide legal services

 

What is ‘Sensitive Information’? Is it different to Personal Information?

 

Sensitive Information is still considered as a form of personal information, however, it is treated more delicately as it can have considerable negative consequences for an individual and their welfare, if the content is handled inappropriately.

 

The National Privacy Principles, outlines the type of sensitive information that we may collect about an individual in the process of providing legal services, and this includes:

 

  • health information about an individual

  • their racial or ethnic origins

  • membership of a political party, or political affiliation and opinion

  • membership to a trade association or trade union

  • membership to a professional body

  • religious beliefs

  • philosophical views

  • sexual orientation or practices

  • nature and extent of criminal record

  • any other type of sensitive information that may be required to be disclosed by law; and

  • any other type of sensitive information that we deem necessary and essential to provide legal services to the individual

 

Lawyer Call will not collect sensitive information without obtaining the individual’s consent, unless such collection is permitted under the Privacy Act.

 

How is my Personal Information collected?

 

Personal information can be collected in various ways, including but not limited to:

 

  • Whilst in the process of obtaining your instructions

  • Whilst under a verbal or written authority to obtain the information from a third party, such as your friend, family member or associate

  • Whilst in the course of legal proceedings, and the information is obtained from another party in the proceedings

  • Through any other means as outlined in the NPPs of the Privacy Act

 

Collection from third parties

 

At times, personal information may be obtained from other individuals or organisations, without the express consent and direct authority of the relevant person. It is up to those specific bodies who have released such information to assume responsibility over its disclosure. 

 

Necessary Disclosure?

 

Lawyer Call only discloses personal information to third parties with the consent of the particular individual, or in such circumstances where it is required under law, or permitted to do so under the Privacy Act.

 

Lawyer Call will only deal with a client’s personal information as per the guidelines and regulations as set out in this Privacy Policy, irrespective of the manner in which that information was collected.

 

Lawyer Call may need to disclose personal information if:

 

  • The personal information consists of health information, whose disclosure may be necessary for research, or relevant to public health and safety

  • The personal information was of such nature, that failure to disclose it would pose a serious and imminent threat to the individual’s life, health or safety

  • The personal information was of such nature, that failure to disclose it would pose a serious threat to public health and safety

 

Disclosure of Personal Information to Overseas Parties

 

There is no disclosure of personal information to any overseas third party without your instructions and signed authority.

How is my Personal Information Managed?

 

Management of Client Personal Information at Lawyer Call is treated very seriously, and involves a number of independent processes designed to ensure adherence to professional and confidentiality obligations at all times whilst dealing with a prospective or current client.

 

Such processes include:

 

  • Continuous review of Privacy compliance legislation and requirements  

  • Upon request, providing privacy statements to clients when dealing with their personal information

  • Training of staff at Lawyer Call on Privacy Issues, Resolution Procedures and Management

 

How is my Personal Information stored?

 

Lawyer Call holds Personal Information through a number of mediums, including:

 

  • Physical form, at our premises, paperback format

  • Electronically, through internal servers and private cloud on computers

  • Electronically, on external storage devices such as Hard Drives and USB

  • Digitally, through third party data storage and legal software in Australia

  • By an email filtering host in Australia

 

Archiving of Files:

 

Once the matter is finalised and all invoices have been paid, your files will be archived in a safe and secure storage area, which is remote from any meeting place with future clients, and is accessed only when required. As per the Client Services Agreement, Lawyer Call is required to archive your files for 7 years, upon which they will be destroyed in cases where that information is not required at that time.

 

How is Personal Information Secured?

 

Numerous safeguards have been put in place to ensure the safekeeping of all personal information, secure from unauthorised access, such as to prevent misuse, disclosure, deletion or any other form of modification.

 

Nevertheless, it is important to note that there always exists a risk as to a potential unforeseeable future breach of gaining access to personal information through unauthorised means such as computer hacking.

 

At Lawyer Call, we ensure that our methods of securing and storing personal information are strengthened through the use:

 

  • Designated areas to meet with prospective clients and their associates where other client personal information is not stored;

  • Use of unique usernames, password and other protection digital systems to regulate access to personal information stored electronically

  • Use of document retention system, with a locked storage area where authorised access is limited to few staff members, able to access documents such as Wills, Estate planning Trusts, Property Contracts and other original documentation.

 

What happens if a Data Breach occurs?

 

A data breach can occur when personal information is either modified, disclosed, lost, or accessed without authority. Interference with security system requires a response plan to contain the breach before further disclosure and negative impact on the individual occurs.

 

Whilst not an exhaustive or fixed list, some of the main procedures initiated as part of a data breach response plan can include:

 

  1. Training our staff as to appropriate actions and response strategies to initiate, immediately after being notified of a potential data breach

  2. Appointing an independent IT specialised team to handle a cyber data breach

  3. Determining when notification is required to be given to affected individuals, the Privacy Commissioner and other relevant bodies

  4. Establishing a comprehensive review of security systems and Privacy Policy measures to prevent similar breaches occurring in the future.

 

Lawyer Call will normally notify any individual whose personal information is believed to have been compromised as a result of a data breach, particularly in circumstances where it is believed that:

 

  • A significant and serious risk of harm occurs to the individual or a collective body – in which case the Privacy Commissioner would also have to be notified;

  • The nature of the personal information is of such sensitive nature that any disclosure would most likely cause public humiliation;

  • The law orders such notification to occur.

 

It may also be the case, that in some matters, other external third parties will also be notified of the breach, and an explanation of the implications that this may have will be forwarded in writing to them.

 

Amendments to this Privacy Policy:

 

This Privacy Policy may be modified, updated or removed at any time without prior notice to you, in accordance with any changes in Australian legislation and policies.

 

Any changes to this Privacy Policy will be published on this website.

 

Any further changes to marketing procedures and updates to technology may also necessitate amendments to this policy.

 

Lawyer Call reserves the rights to change this Privacy Policy as required.

 

Collection of Information from Website

 

Accessing this website will enable certain information to be collected for analytical marketing statistics and functionality purposes. General information may be recorded when entering this website, and this may include:

 

  • browser type you are currently using to view this website

  • your unique IP address

  • search engine and keywords entered to enter this website

  • time spent on each page on this website

 

Marketing Offers

 

Personal information collected may be used to contact you of any other legal services that Lawyer Call can potentially assist you with, including special offers and advertising campaigns.

 

No personal information will be passed on to any other third party for the purposes of their own marketing projects, without your express consent.

 

Should you wish to opt out of receiving Lawyer Call marketing material, feel free to contact our office at hr@lawyercall.com.au  

 

Changes to your Personal Information

 

It is required that you keep your Personal Information with us up to date, and any updates to your details should be relayed back in writing to us notifying of the exact changes.

 

If you would like our office to stop using or storing your Personal Information, please contact our Privacy Department directly at hr@lawyercall.com.au to make that request.

 

Access to Personal Information on File

 

You can access your personal Information by notifying our office at hr@lawyercall.com.au and request to view the information stored about you. For security and verification purposes, it is essential that appropriate identification is provided when making such request.

 

It should be noted that costs may be incurred for the retrieval of some personal information on file and these will need to be paid prior to disclosure. The amount of the fee will be disclosed to you before any search is conducted.

 

There may also be times when it is unsuitable to provide you with certain information, and such request may be denied. An explanation as to why this request for access to that specific information is denied will be provided in writing to you.

 

Generally, access to personal information may be denied to you if:

 

  • the request was impractical or not reasonable

  • by providing access to the information, the health and safety of another individual may be threatened

  • by providing access to the information, the privacy of another person would be unreasonably compromised

  • by providing access to the information, our professional obligations would be compromised

 

Breach of Privacy Policy - Complaint Management & Procedure

 

If you believe that there has been any type of breach to this Privacy Policy, you are encouraged to firstly lodge a complaint with our office via email to hr@lawyercall.com.au, addressed to ‘HR Manager, Lawyer Call'.

 

If you feel that the response received is not satisfactory and that you may still have further concerns, you can address the matter to ‘Director of Complaints’ Office of the Federal Privacy Commissioner, GPO Box 5218, Sydney NSW 1042.

 

Contact Lawyer Call Directly – here to help

 

For any inquiries regarding any of the information provided in this Policy, or for further clarification with respect to any matter regarding Privacy Concerns and your Personal Information, please feel free to contact our office.

 

Contact person: HR Manager

 

Telephone: 1300 529 111

 

Email: hr@lawyercall.com.au

 

 

TESTIMONIALS

“I cannot begin to thank Paul for his tireless efforts with my case. Would recommend them anybody with a criminal matter their clear communication and expert advice got me my best possible outcome”

 

—  Casey, Nurse

    Sutherland

No material on this website, including but not limited to documents, articles, general written and visual information should be interpreted as relevant or accurate legal advice for any individual or specific situation. The written content, images and external links are of a general nature and should not be relied upon to apply to any specific set of circumstances. Professional and legal advice is only provided by Lawyer Call following the acceptance by a client of the Client Services Agreement, and the payment of the required fees into Trust.

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