Last edited 15 February 2018
1.1 Blackwall Legal LLP (ABN 53 608 771 731) (Blackwall, we or us) recognises and respects your privacy and data protection rights. We seek to manage your personal information in a fair, open and transparent way.
1.2 We are committed to the objectives of the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth) (the Australian Act) and the principles of the Data Protection Act 1998 (UK) (the UK Act).
1.3 Blackwall is the data controller in relation to personal information appearing on or collected using this website. In many circumstances, but not all, Blackwall will also be the data processor.
1.4 Blackwall has offices in a number of locations around the world, principally in the United Kingdom and Australia.
2.1 This Policy explains:
a) the kinds of personal information we collect and hold;
b) how we collect and hold personal information and obtain your consent;
c) the primary and secondary purposes for which we collect, hold, use and disclose personal information;
d) how you may access your personal information and correct it;
e) how you may complain about a possible breach of privacy or data protection rights; and
f) when we may disclose personal information to an overseas entity and the countries in which these entities are likely to be located.
2.2 Personal information includes information or an opinion about an identified individual or an individual who is reasonably identifiable, whether true or not and whether recorded in a material form or not.
3. Anonymity and Pseudonymity
3.1 You may be able to deal with us without identifying yourself, that is, by remaining anonymous or using a pseudonym.
3.2 However, this does not apply if we are required or authorised by or under law or a court or tribunal order, to deal with an identified individual. Also, if it is impracticable for us to deal with you in this way, we may ask you to identify yourself.
3.3 You acknowledge that if you do not provide identification, we may not be able to provide our services or assist you.
4. Collection and use of personal information
4.1 The types of personal information that Blackwall collects will depend on the nature of your dealings with us.
4.2 Blackwall collects, holds and uses your personal information for the purposes for which it was provided to us, related purposes or as permitted or required by law.
4.3 Purposes may include, but are not limited to:
(a) providing you with services requested, generally legal services;
(b) billing you in relation to any services;
(c) improving and marketing our services, including Blackwall knowledge management, online subscriptions, maintaining client records and files and internal review and management reporting;
(d) responding to your inquiries and providing assistance;
(e) processing online application forms from our website;
(f) providing you with publications and event invitations;
(g) managing relationships with suppliers, contractors and third parties e.g. ICT suppliers;
(h) transactions or business dealings with entities or regulators;
(i) personnel management, employment and recruitment;
(j) undertaking all searches, including but not limited to searches about corporations, directorships and personal property; and
(k) complying with Blackwall’s legal, insurance, practice rules and professional conduct obligations and legislation, including checking for conflicts of interest, in all of the jurisdictions in which we operate.
4.4 In certain circumstances, we may be required or permitted by law or a court or tribunal to collect and retain certain personal information about you.
4.5 Types of personal information, which may include sensitive information, which we may collect about you include, but are not limited to:
(a) your name and title;
(b) your contact details (address, email address, phone number, fax number);
(c) your age;
(d) details about your occupation;
(e) your curriculum vitae or resume;
(f) details about your qualifications, professional memberships and associations;
(g) details about your interests in areas of legal practice, knowledge management or events;
(h) information about your dealings with us or with our clients; and
(i) information relevant to our services or legal advice to you.
4.6 We collect your personal information in a number of ways, including but not limited to:
(a) the Blackwall website, including web pages and resources accessed, online forms, traffic data, location data, weblogs and other communication data;
(b) telephone, email, letter or facsimile;
(c) in person;
(d) publicly available sources;
(e) paid and unpaid searches, for example via the Australian Securities and Investments Commission (ASIC) and the Australian Financial Security Authority (AFSA); and
(f) cookies and online tracking.
5. Sensitive personal information
5.1 Blackwall will not collect and use sensitive personal information about you, such as: details of your racial or ethnic origin, political affiliation, religious beliefs, sexual preferences, criminal convictions, union memberships, or health, genetic or biometric information, unless it is required for the purposes of providing legal advice or required by law, court or tribunal or you expressly consent to provide this information.
6. Consent in relation to personal information
6.2 However, you have the right to opt out of our collection and use of your personal information. Please contact us directly if you would like to withdraw your consent for our management of your personal information.
6.3 Blackwall will seek express consent from an individual before handling the individual’s sensitive information.
7. Disclosure and overseas transfer
7.1 Your personal information may be disclosed to entities located overseas. For example, between our international offices or whilst our lawyers are travelling.
7.2 The countries which are likely to receive your personal information include, but are not limited to, Australia and the United Kingdom.
7.3 Blackwall will take reasonable steps in the circumstances to ensure that an overseas recipient is aware of Australian and United Kingdom privacy standards and principles.
7.4 We seek to limit our overseas transfers and disclosures to jurisdictions with substantially similar privacy protections, but you should be aware of, and you consent to, the inherent risks of international transfers of personal information.
7.5 By using this website and providing Blackwall with your personal information you are consenting to all overseas disclosures of personal information.
8.1 Blackwall’s website uses tracking technologies called “cookies” to monitor the pages accessed by browsers and/or users. Cookies are small text files which are stored in memory or on your hard drive for record keeping purposes.
8.2 The purpose of cookies is to personalise and customise webpages and services. Cookies can simplify the process of recording your personal information. They are used to help us enhance this website.
8.3 You can accept or decline cookies on your web browser.
8.4 If you choose to opt-out of using cookies, you may not be able to fully experience some features of the Blackwall website.
9. Links to other websites
9.1 Blackwall is not responsible in any way for any links from the Blackwall website to third party websites. We are not responsible for any content on third party websites.
9.2 You should consider the privacy policies on these websites and how these entities or organisations process your personal information.
10. Direct marketing
10.1 You expressly consent to Blackwall using your personal information to contact you for marketing purposes including, but not limited to, new products, services, promotions or events, via any mode of communication.
10.2 Blackwall may also contact you about your opinion of current, potential or new services that may be offered by Blackwall.
10.3 If you do not wish to receive marketing communications from Blackwall, you may quickly and simply opt-out by contacting us directly.
10.4 Blackwall does not sell, rent or lease its personal information to third parties.
11. Security of personal information
11.1 The security of your personal information is important to us. We take all reasonable steps in the circumstances to secure and protect your personal information from misuse, interference, loss, unauthorised access, modification or disclosure.
11.2 Blackwall secures information you provide on computer servers in a controlled and secure environment.
12. Access to your personal information
12.1 You may request access to any of the personal information we hold about you.
12.2 In most cases, a summary of your personal information will be freely available to you by contacting Blackwall.
12.3 Requests for access to your personal information will be handled within a reasonable period and we will endeavour to give you access to the information in the format and manner requested, if reasonable and practicable to do so.
12.4 We will endeavour to take reasonable steps to give access in a way that meets the needs of Blackwall and yourself, noting that access may be given using a mutually agreed intermediary.
12.5 If we charge for the giving of personal information, it will not be excessive, nor apply to the making of the request.
12.6 But please note that we are not always required to provide you with access to your personal information on request. We may refuse you access to personal information in a number of circumstances, such as:
(a) where giving access would threaten life, health or safety of any individual or threaten public health or safety;
(b) where giving access would have an unreasonable impact on the privacy of other people;
(c) where information relates to existing or anticipated legal proceedings;
(d) where access would reveal or prejudice negotiations or enforcement activities;
(e) where giving access would reveal evaluative information generated in connection with a commercially sensitive decision-making process;
(f) where denying access is required or authorised by law; or
(g) where the request for access is frivolous or vexatious.
12.7 If we deny your request for access to your personal information, we will explain why in writing and provide a complaint mechanism.
13. Collection and accuracy of your personal information
13.1 Request for Correction
13.1.1 We will take reasonable steps in the circumstances to ensure that the information collected is accurate, up-to-date and complete.
13.1.2 Blackwall secures information you provide on computer servers in a controlled and secure environment.
13.1.3 You may also ask that we notify third parties about the correction and we will take reasonable steps to provide that notification, unless it is impracticable or unlawful to do so.
13.2.1 If we refuse your request, we will tell you in writing why we have done so. We will also provide a complaint mechanism.
13.3 Correction statement
13.3.1 You should be aware that if we refuse to correct your personal information, you may request that a statement be associated with the information. The statement can note that you believe that your personal information is inaccurate, out-of-date, incomplete, irrelevant or misleading. We will take reasonable steps to make this statement apparent to users of the information.
13.4 Timeframes and charging
13.4.1 We will respond to requests for correction or for an associated correction statement within a reasonable period of time.
13.4.2 We will not charge a fee for receiving or processing either request.
11. Data breach notifications
14.1.1. Depending on the circumstances, Blackwall may notify you, any affected individuals and if required, the relevant regulator, as soon as practicable after we become aware that there are reasonable grounds to believe that there has been an eligible data breach.
14.1.2. If it is impracticable to notify all affected individuals, and depending on the circumstances of the breach, we may publish a statement on our website and publicise the content of the statement.
14.2 Eligible data breach
14.2.1 An eligible data breach is where there has been unauthorised access or disclosure, or loss of information where unauthorised access or disclosure is likely and a reasonable person would conclude that this access or disclosure would likely result in serious harm to the related individuals.
14.3.1 We will not provide notice where it would be inconsistent with secrecy provisions or prejudice law enforcement activities.
14.3.2 If we have taken sufficient remedial action in response to the eligible data breach, or if the regulator determines that notification is not required, then we may not notify you of the breach.
15. Retention and destruction of personal information
15.1 As a law firm, we have legal obligations to retain records and files for certain periods of time.
15.2 In privacy law however, we are also required to take reasonable steps to destroy or de-identify the personal information we hold once the personal information is no longer required.
15.3 Blackwall will securely retain, destroy or de-identify your personal information as appropriate.
16.2 Your continued use of the website or our services constitutes acceptance of any revised privacy policies.
17.1 In the first instance, please contact Blackwall if you have a complaint.
17.2 Blackwall will endeavour to resolve your complaint within 30 business days.
17.3 If you are not satisfied with Blackwall’s response, you may contact the Office of the Australian Information Commissioner (OAIC) in Australia or the Office of the Information Commissioner (OIC) in the United Kingdom to make a formal privacy complaint.
18. Contact information