At Fourtree Lawyers we aim to provide the best possible legal service to all clients. To achieve this we may need to collect ‘personal information’. The information we need will vary depending on the area of law your matter concerns. All information received in connection with a client matter is subject to strict duties of confidentiality.
1. ‘information or an opinion (including information or an opinion forming part of a database), 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.’
2. Sensitive information, as defined by the National Privacy Principles:
ii. or political opinions; or
iii. membership of a political association; or
iv. religious beliefs or affiliations; or
v. philosophical beliefs; or
vi. membership of a professional or trade association; or
vii. membership of a trade union; or
viii. sexual preferences or practices; or
ix. criminal record; that is also personal information; or
b. health information about an individual; orc. genetic information about an individual that is not otherwise health information
How we collect personal information and how it is used and disclosed
Usually at the commencement of a matter we will need to obtain details from the client such as their name, address, telephone, email and other contact details. We will also usually require contact details of other parties to the matter.
We may also require further information from the client by telephone, writing or in person, such as:
- The client’s accounting records, including but not limited to, your assets and liabilities;
- The client’s personal relationships including family circumstances;
- Information in relation to the client’s business such as staff, their clients, subcontractors etc;
- Employment history and details; and
- Other personal and/or sensitive information.
Personal information may be collected by:
- Taking your instructions;
- Your consent to obtain such information from another source;
- From another party in the course of legal proceedings; and
- Other means allowed by law and under the National Privacy Principles.
Upon visiting this website certain information is collected so we may evaluate our online marketing methods and the effectiveness of the general operation of the site. The following information is logged upon visiting our website:
- The type of browser you are using.
- If you used a search engine, the search term you typed in to find our website.
- The time spent on each page of the site.
- Your IP address.
- Your browser type.
Third party collection
We also may collect personal information about individuals or companies without their direct authority. This may occur for example when a client provides us information about another party involved in a matter or documents are produced by our client regarding another party.
Furthermore if we are unable to gather personal information directly from you we will seek your consent to gather the information from other parties. If an entity provides us with personal information about another individual or company, it is the entities responsibility to ensure they are permitted to release such information for our use.
Use and Disclosure
In accordance with the National Privacy Principles, Fourtree Lawyers will not use or disclose your personal information for a purpose (the secondary purpose ) other than the primary purpose of collection unless:
a. both of the following apply:
ii. the individual would reasonably expect us to use or disclose the information for the secondary purpose; or
b. the individual has consented to the use or disclosure; or
c. if the information is health information and the use or disclosure is necessary for research, or the compilation or analysis of statistics, relevant to public health or public safety:
d. the organisation reasonably believes that the use or disclosure is necessary to lessen or prevent:
ii. a serious threat to public health or public safety; or
e. the use or disclosure is required or authorised by or under law; or
f. it is otherwise permitted under the National Privacy Principles.
Fourtree Lawyers may use your personal information to contact you to inform you of our other services that may be of assistance to you, promotions, special offers and significant changes to the company. We will not sell your personal information to any third party for their marketing purposes unless you consent to this. If you do not wish to receive such material from us please do not hesitate to contact us on 1300 529 444 or by mail to PO Box 389, Terrigal, NSW, 2260 and inform us of same.
Security of personal information
The information that is provided to us is stored on computer and paper based files as appropriate.
Fourtree Lawyers endeavour to keep your personal and confidential information safe by taking all reasonable precautions to protect information from unauthorised access, disclosure, loss, misuse or modification.
When your matter is completed and invoices paid, we will archive your matter in a secure storage area which is accessed only when necessary. After 7 years from archiving your matter we will be safely and securely destroy your file if we do not require your personal information anymore.
Updating your personal information
In order to properly maintain your legal matter will require your personal information to be up to date. If you are aware of any personal information that we hold needs updating please contact us either in writing or by telephone to notify us of same.
Also if you wish for us to no longer use part or all of your personal information please contact us in writing or by telephone and notify us of same. If for some reason we do not consider grounds to amend your personal information or that your personal information should be deleted we will notify you of our reasons in writing.
Accessing your personal information
You may contact us in writing to PO Box 389, Terrigal, NSW, 2260 and request to access your personal information that we hold about you. Depending on the information requested, you may need to provide us with identification from the individual or organisation the information concerns. In some cases there may also be costs incurred in order for us to retrieve the information and you will need to pay such reasonable costs.
If it is not reasonable or suitable to provide you with the requested information we will provide you with our reasons for denying your request.
Complaints about breaches of privacy
If you require any further information about the way we collect, use and secure your personal information please do not hesitate to contact us on 1300 529 444