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1. General

1.1

This Privacy Policy applies to all Personal Information collected by TalbotSayer Pty Ltd ACN 168 129 075 (Talbot Sayer, we or us). Talbot Sayer is committed to complying with its obligations under the Privacy Act 1988 (Cth) (Act) and the Australian Privacy Principles within the Act (APP) in respect of that information.

1.2

In this privacy policy (Policy), we explain how and why we collect your Personal Information, how we use it, and what controls you have over our use of it.

2. Definitions

In this Policy:

  1. OAIC means the Office of the Australian Information Commissioner.
  2. Personal information means information about you which personally identifies you or may reasonably be used to personally identify you.
  3. Sensitive information has the meaning given to that term in the Act.
  4. Services means the provision of legal services by Talbot Sayer.
  5. Website means www.talbotsayer.com.au or any other website from time to time from which the Services are promoted and/or delivered.
  6. you means you and anyone acting on your behalf or with your implied authority.

3. Types of Personal Information we collect

3.1

We collect and hold various types of Personal Information relevant to providing the Services, including:

  1. personal details, including name and date of birth;
  2. contact details, including your email address, mailing address and telephone number;
  3. financial information, including billing and payment details;
  4. employment and work information, including employment contact details and role, ABN (for sole traders and partnerships), and business name;
  5. if you are an applicant for employment or other engagement with us: depending on your potential or actual position with us, we will also generally collect your Personal Information contained within an application and CV/resume, employment history, personal information derived from a reference, personal information derived from an interview, personal information derived through testing (including psychometric or aptitude testing, as applicable), licences and other certificates and qualifications, and information included in a passport, birth certificate, visa or other documentation demonstrating your right to work in Australia; and
  6. information necessary for or incidental to the provision of the Services which may be required in order to facilitate your dealings with us.
3.2

Where we collect Personal Information, we only collect:

  1. non-Sensitive Information, if it is reasonably necessary for the Services;
  2. Sensitive Information, if it is reasonably necessary for or directly related to the Services and you have consented to its collection (which may be implied in the circumstances existing at the time of collection), or its collection is permitted or authorised by law.

4. How we collect Personal Information

4.1

We will generally collect Personal Information directly from you when you interact with us, such as in person, by email, by phone, by enquiry or feedback form, or via our Website, social media channels, interviews (via any method), any of our standard forms (including application forms), contract negotiation, our employment and engagement application process, our surveys (where applicable), or any other means when you provide us with your Personal Information.

4.2

We may also need to collect Personal Information about you from third parties from time to time where it is necessary for us to do so and it is unreasonable or impractical to collect directly from you, where you have consented to us doing so, or where we are otherwise required to or authorised to by law.  Those third parties include:

  1. people acting on your behalf;
  2. if you are a client or supplier: publicly available records such as the Australian Securities Investment Commission and the Australian Business Register;
  3. if you are an applicant for employment or other engagement with us: referees when they provide references, academic institutions or training and certification providers, providers of licences and background-checking services, recruiters and other service providers who assist in the engagement process, and other publicly available sources such as social media platforms.
4.3

We have legal obligations to avoid conflicts of duties, and as such we must be able to identify you if you deal with us in the course of the Services.  If you choose not to identify yourself, we are not likely to be able to provide you with Services.

4.4

If you provide us with Personal Information about someone else, you must ensure that you are authorised to disclose that information to us and that, without us taking any further steps required by applicable privacy laws, we may collect, store, use and disclose such information for the purposes described in this Privacy Policy.  Where we request you to do so, you must assist us with any requests by the individual to access or update the Personal Information you have collected from them and provided to us.

5. How we store and protect Personal Information

5.1

We prioritise the security of your Personal Information whilst it is in our possession. We may hold Personal Information in various forms including but not limited to physical documents or electronic records. Physical files are kept securely inside our access-controlled premises and may also be locked in secure rooms if requested or deemed appropriate. Electronic files are stored securely on protected information systems and are only accessible through our secure network. We maintain physical security over our paper and electronic data stores, and confidentiality agreements form part of the employment contracts for all of our staff members and contractors.

5.2

We take reasonable steps to:

  1. ensure that Personal Information we collect is accurate, up-to-date, complete and relevant, other than where it is only collected to provide advice in respect of a particular point in time, in which case we will seek to ensure it is accurate, complete and relevant as at that particular point in time;
  2. ensure that Personal Information we use or disclose is accurate, up-to-date, complete and relevant, having regard to the purposes for which Personal Information is used or disclosed;
  3. protect Personal Information from misuse, interference and loss, and from unauthorised access, modification or disclosure; and
  4. destroy or de-identify Personal Information which we no longer need for the purposes for which it was collected, except where it is necessary to retain it in order to maintain ongoing records for our clients.
5.3

We cannot guarantee the security of information transmitted via the internet.  As such, transmission of Personal Information by you via the internet is at your own risk and we cannot be held responsible for the security of such information.

5.4

Links to third-party websites may appear on our website. Your use of those links is entirely at your own risk and we make no representations or warranties regarding third parties’ privacy practices.

6. Why we collect, hold, use and disclose Personal Information

6.1

We will generally collect, hold, use, and disclose your Personal Information if it is reasonably necessary for or directly related to the performance of our functions and activities and:

  1. to facilitate our internal business operations, including:
    • establishing our relationship with you;
    • maintaining and managing our relationship with you (including with respect to billing or payments), and communicating with you in the ordinary course of that relationship;
    • supplying you with information and Services;
    • updating your Personal Information, including destroying it when it is no longer relevant (to the extent applicable);
    • fulfilling our legal requirements, both at law and under our contractual arrangements with you;
    • analysing our Services and client needs with a view to developing new or improved services, and business operations;
    • conducting market research and monitoring use of our Services;
    • contacting you to ask for your feedback or a testimonial;
    • if you are a supplier: purchasing goods or services from you, and enquiring about your products and services;
    • if you are an applicant for employment or other engagement with us, considering your application with us;
  2. for any other purpose identified at the time of collection; and
  3. for any other purposes for which you have consented from time to time.
6.2

We may de-identify and aggregate Personal Information about you and your use of our Services for research and reporting purposes, and to improve the quality of our Services.  After we destroy Personal Information about you, we may retain de-identified and anonymised information (that can no longer be associated with you) and may continue to use this de-identified data indefinitely without further notice to you.

6.3

We may also use Personal Information for secondary purposes where it would be reasonable to expect us to do so, and that secondary purpose is related (or directly related in the case of Sensitive Information) to the primary purpose.

7. Who we disclose Personal Information to

7.1

We generally disclose your Personal Information for the purposes for which it was collected (set out above).  We may disclose Personal Information about you to:

  1. our employees, contractors, volunteers, consultants and other parties who require the information to assist us with the purposes for which it was collected, and with establishing, maintaining or terminating our relationship with you;
  2. government departments, agencies, and regulatory bodies where required by law;
  3. third party service providers who assist us in operating our business and providing information, resources, goods and services to you or someone else on your behalf (including insurers, IT and technology service providers, recruitment providers, payment processors, and professional advisers such as lawyers, accountants, and auditors).  We will only provide those third parties with the Personal Information they need to deliver the specific services and take reasonable steps to ensure that these third parties maintain the confidentiality of your information and are prohibited from using that information except for the purposes for which it was supplied;
  4. third parties to whom you have agreed we may disclose your information and where the information was collected from you (or from a third party on your behalf) for the purposes of passing it on to the third party; and
  5. any other entity as otherwise required or authorised by law.We may also disclose Personal Information for secondary purposes where it would be reasonable to expect us to do so, and that secondary purpose is related (or directly related in the case of Sensitive Information) to the primary purpose.
7.2

We may expand or reduce our business and this may involve the sale and/or transfer of control of all or part of our business.  Personal information, where it is relevant to any part of the business for sale and/or transfer, may be disclosed to a proposed new owner or newly controlling entity for their due diligence purposes, and upon completion of a sale or transfer, will be transferred to the new owner or newly controlling party to be used for the purposes for which it was provided.

8. Direct marketing

8.1

If you subscribe to a mailing list offered by us, we may use or disclose your personal information (excluding sensitive information) for direct marketing purposes.  We are not likely to use sensitive information for the purposes of direct marketing, but if we do, we will obtain your consent before doing so.

8.2

You will be able to opt-out of direct marketing at any time with no charge to you by email to info@talbotsayer.com.au, or through the unsubscribe link found in all marketing emails we send.  We will then ensure that your name is removed from our mailing list.

8.3

If you receive communications from us that you believe have been sent to you other than in accordance with this policy, or in breach of any law, please contact us using the details provided below.

8.4

We will not disclose your Personal Information for the purposes of third-party direct marketing.

9. Overseas disclosure

9.1

Your Personal Information will be disclosed to third party service providers who assist us in operating our business, some of whom are located overseas, such as Microsoft and Amazon AWS located in the US and Xero located in New Zealand.  Where possible, we seek to have all service providers store Personal Information on servers located in Australia.

9.2

Additionally, we may disclose Personal Information to third parties overseas for the purposes for which we collect and use that information. For example, if it is necessary to conduct searches in respect of you on a foreign registry, we may be required to provide your Personal Information to that registry in order to conduct the search.  Any such disclosure will be done in accordance with the Act.

9.3

We take reasonable steps to ensure these third parties have appropriate security for your Personal Information.

10. Using our Website and cookies

10.1

To improve your experience on our website, we may use ‘cookies’: small data files that are served by our platform and stored on your device.  These are used by us or third parties for a variety of purposes including to operate and personalise the website.  Cookies may be used for recording preferences, conducting internal analytics, conducting research to improve our offering, assisting with marketing and delivering certain website functionality.

10.2

You may refuse to accept cookies by selecting the appropriate setting on your internet browser.  However, please note that if you do this, you may not be able to use the full functionality of our Website.

11. Third party sites

11.1

For your convenience and to improve the usage of the Website and Services we may insert links to third-party websites, applications or resources, for which this Policy does not apply.

11.2

Talbot Sayer is not responsible for those third party websites, applications or resources.  If you access such websites, applications or resources, you do so at your own risk and we make no representations or warranties regarding third parties’ privacy practices. We encourage you to read the privacy statements/policies of every website, application or resource you use.

11.3

When we do link to a third party website, application or resource, this does not automatically imply that Talbot Sayer endorses that website, application, resource and their contents. Our Policy does not cover the use of cookies by any third parties. 

12. Data retention

12.1

We will only retain your Personal Information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your Personal Information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

12.2

To determine the appropriate retention period for Personal Information, we consider the amount, nature and sensitivity of the Personal Information, the potential risk of harm from unauthorised use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

12.3

Where we anonymise your Personal Information (so that it can no longer be associated with you) for research or statistical purposes, we may use this information indefinitely without further notice to you.

13. How you can access or correct Personal Information

13.1

We are committed to maintaining accurate, timely, relevant and appropriate information. Where requested, we will provide you with a copy of the Personal Information that we hold which relates to you, provided that the request is made in accordance with the APPs (contained in the Act).  We will also update any inaccurate information about you if you inform us that the information is inaccurate, out of date, incomplete, irrelevant or misleading. 

13.2

There are no charges for requesting access to or the correction of your Personal Information, however if the volume of information we hold is excessively large, we reserve our rights to charge you any reasonable administration fees (including fees for photocopying) associated with your request.

13.3

You may contact us regarding access to or correction of your information by any of the following methods:

Mail: Level 27, 123 Eagle St, Brisbane Q 4000

Email: info@talbotsayer.com.au

Phone: +61 7 3160 2900

13.4

We will respond to those requests within 30 days in accordance with our obligations under the Act.  As a provider of legal services, our ability to correct or permit access to Personal Information may be restricted. If we refuse a request to access or correct Personal Information, where reasonable, we will provide our reasons for doing so and information about your ability to complain about such refusal.

13.5

In order to protect the confidentiality of your Personal Information, details of your information will only ever be passed on to you where we are satisfied that the information relates to you.  Accordingly, we may request documentation from you which confirms your identity before passing on any Personal Information which relates to you.

13.6

If you believe the information we hold about you is incomplete, not up to date, or is inaccurate, please advise us as soon as practicable.  We will take reasonable steps to correct the information if we agree that it is incomplete, out of date, or inaccurate, or otherwise will provide you with reasons as to why we will not correct the information.  We endeavour to process any request within 30 days.

14. Complaints

14.1

Complaints about this Policy or our collection, use, disposal or destruction of your Personal Information should first be directed to us at the details set out above.

14.2

We will investigate and attempt to resolve your complaint in accordance with the Privacy Act. If you are not satisfied with the outcome of this process, then you may contact the Office of the Information Commissioner, Australia. To lodge a complaint, visit the ‘Complaints’ section of the Information Commissioner’s website, located at http://www.oaic.gov.au/privacy/privacy-complaints, to obtain the relevant complaint forms, or contact the Information Commissioner’s office.

15. Further information

15.1

Please contact us on the details above for more information regarding this Policy.

15.2

Should you wish to read more information on the Act, we recommend that you visit the website of the OAIC at www.oaic.gov.au.

16. Review

16.1

We will review this Policy at least annually to ensure it remains relevant and accurate.