Privacy at Nick Xenophon & Co. Lawyers
Nick Xenophon and Co. Lawyers take privacy and confidentiality very seriously. In the course of our business we collect, use, store and disclose personal information provided to us by our clients and other users of this website. We do this in accordance with Australian Privacy Principles (APP) established by the Privacy Act 1988 (Cth) (Privacy Act).
How we Collect Personal Information
Nick Xenophon & Co. Lawyers will generally collect personal information by way of forms filled out by our clients, face to face or telephone meetings and conversations and from third parties such as reports provided by medical professionals or statements from other persons. We may also collect personal information through our website www.xenlaw.com.au and through applications and emails.
The Type of Personal Information we Collect
During the course of our business, we may collect personal information (including sensitive information). We will collect personal information by lawful and fair means.
The nature of the information we may collect in order to provide professional services to you include, but is not limited to:
- Name, address, occupation, and contact information.
- Certain sensitive information, such as health information in relation to personal injury claims, which may be relevant to our legal advice to you.
- Billing and credit card information.
- Financial information, which includes bank account details, BAS statement details and information required for debtor management.
- Government issued identifiers, such as Tax File Numbers and Australian Business Numbers (which are only used in accordance with the Privacy Act 1988 (Cth));
- Family details, for example next of kin.
- Property and other asset ownership details
- Relating to the purchase of our products and services, areas of legal practice of interest or events of interest; and information about people’s dealings with us.
- Criminal records and prior convictions
- If you apply for a position with us we will collect your name and contact details and it may be disclosed to recruitment agencies for suitability assessment.
- If you do not give any personal information when we ask for it that is your prerogative. However it will affect our ability to meet our obligations to you. We may also collect credit information. The kinds of credit information we collect and hold may include: details of your liabilities in respect of consumer credit, default information and information about court proceedings.
- Other sensitive information as outlined below
Some personal information that we collect is sensitive, and might include information relating to a person’s racial or ethnic origin, political opinions, religion, trade union or other professional or trade association membership, sexual preferences and criminal record, and health information.
Sensitive information will be used and disclosed only for the purpose for which it was provided or a directly related secondary purpose, unless you agree otherwise or where certain other limited circumstances apply such as where it is required by law.
How we use and disclose your Personal Information
Nick Xenophon & Co. Lawyers may collect, hold, use and disclose your personal information for the purposes for which it was collected and related purposes and in other circumstances authorised by the Privacy Act including to:
- Provide or offer services to you;
- Manage and account for the services;
- Manage our relationships with you and our other clients;
- Provide to you information about legal developments, events, products or services that may be of interest to you; and
- Facilitate our internal business operations, including fulfilling our legal requirements and professional obligations.
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We may disclose personal information (including sensitive information) for the purposes for which it was collected and also:
- As required by law subject to our professional obligations, as permitted under the Australian Privacy Principles and/or with your consent if required;
- Subject to our professional obligations, to any person where necessary or desirable in connection with our provision of legal services, such as to the client, regulatory authorities or other persons within Wallmans; and
- On a confidential basis to our external service providers and advisers.
We will not disclose your personal information to anyone else unless it is with your consent and those people will be bound by the same privacy standards.
Security of your Personal Information
We treat the personal information (including sensitive information) that we receive and hold in accordance with strict professional obligations of confidentiality and legal professional privilege.
We will take all reasonable steps to protect held your personal information held in physical and electronic form from misuse, interference and loss and from unauthorised access, modification or disclosure. All staff of Nick Xenophon & Co. Lawyers are required to respect the confidentiality of personal information and the privacy of individuals or business entities.
Cross-Border Disclosure of your Personal information
We may use and disclose your personal information in jurisdictions other than Australia or an external territory including where:
- The overseas recipient is a party to the matter for which you have instructed us; and
- Required by law subject to our professional obligations, as permitted under the Australian Privacy Principles and / or with your consent if required.
Access and correction of your personal information
You may request access to or correction of your personal information we hold about you.
We may charge you a fee where access is provided but not in relation to the correction of your personal information.
We will respond to your request for access or correction within a reasonable period after the request is made. We will also take reasonable steps to give you access in the manner you have requested.
We may not be required to give you access to your personal information in certain circumstances, such as if it would have an unreasonable impact on the privacy of other individuals, the information relates to existing or anticipated legal proceedings between us and you or it would be unlawful.
Where we refuse to give you access to, or do not correct, your personal information we will provide you with written notice of our refusal.