PRIVACY POLICY
AND LEGAL INFORMATION
Privacy Policy
This is the Privacy Policy of Menkes Family Lawyers Pty Ltd ABN 70 697 202 369 trading as Menkes Family Lawyers ("MFL", “we” and “us”).
MFL is committed to complying with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (“Privacy Act”) and the Australian Privacy Principles (“APP”).
What is Personal and Sensitive Information?
Personal Information is information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether or not the information or opinion is recorded in a material form.
Sensitive Information is defined by the Privacy Policy to includes information or an opinion about an individual’s race or ethnic origin, political opinions, religious beliefs, sexual preferences, criminal record, health record or professional or trade association memberships.
MFL does not collect any sensitive information unless it is reasonably required for the purposes of providing our services to you. If MFL holds any sensitive personal information about you, that information will only be used and disclosed by MFL for the purpose that it was collected or otherwise in accordance with the law.
The kinds of Personal Information we collect
The kinds of Personal Information that MFL collects include:
contact details such as name, role or position, address, email address, mobile number, landline number and fax number;
information about your legal interests and requirements and the legal services that you may wish to purchase;
information regarding our communications with you;
other information relating to your circumstances and affairs that is reasonably necessary for us to provide advice and other services to you and information that is otherwise reasonably necessary for us to carry out our functions and activities.
How we collect personal information
We collect Personal Information by various means including when:
you contact us with a question or inquiry;
you subscribe to our newsletter or legal updates service;
you attend a seminar or event where we are hosting or presenting;
you instruct us to act for you and we open a file and conduct a conflict check;
our clients provide information relating to related and adverse parties relevant to the advice or services we are providing;
we undertake a search or investigation;
you visit our website;
you provide us with information and documents;
we receive information and documents from third parties (for example through the disclosure and discovery process);
when we receive information and documents through Court processes such as documents produced under subpoena or court orders.
Where practicable MFL collects personal information about you directly from you. However, there may be circumstances where MFL may collect information about you from a third party such as a client, a third party information provider, the courts, a person responding to our questions or inquiries, service providers, regulatory or credit reporting agencies. For example, MFL may receive personal information about you from a client in the context of providing services to that client.
Some personal information is required by MFL in order to provide its services. For example, MFL is required to collect the full name and address of its clients. If you are a client and do not provide us with name and address information MFL cannot act for you. If you do not provide us with accurate personal information MFL may not be able to carry out their instructions or achieve the purpose for which the information has been sought.
The purposes for which we collect, hold, use and disclose personal information
We will collect, hold and use personal information in order to:
respond to your enquiries;
provide legal services;
employ competent and diligent personnel;
monitor or improve the use of and satisfaction with our legal services; and
let you know about legal developments, our expertise and legal services that may be of interest to you.
We disclose personal information:
in order to carry out the instructions of our clients; and
subject to our confidentiality obligations, when using services in support of our legal practice.
The parties to whom your personal information is disclosed
Subject to our professional obligations, we may share some relevant personal information with:
parties related to a matter you have with us and government authorities;
external service providers who assist us with financial, administrative or other services in connection with the operation of MFL’s business, for example photocopying, data processing and technology, security and archiving services and other financial and professional institutions; and
any person, where necessary in connection with MFL’s provision of legal services, such as to the client, regulatory advisors, barristers, medical professionals, experts, valuers, courts and tribunals.
We also will disclose your information if required by law to do so or in circumstances permitted by the Privacy Act – for example, where we have reasonable grounds to suspect that unlawful activity, or misconduct of a serious nature, that relates to our functions or activities has been is being or may be engaged in, in response to a subpoena, discovery request or a court order.
Our website may use “cookies” to enhance the User experience. The User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. The User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.
Disclosure of information outside the jurisdiction of collection
If reasonably required for the purpose for which you have disclosed your personal information to MFL, we may send your personal information overseas.
Security
MFL implements reasonable measures to ensure the protection and safeguard of your personal information from misuse, interference and loss, unauthorised access, modifications and disclosure.
However, particularly for electronic data stores and due to the fact that the internet is inherently insecure, we cannot guarantee the security of transmission of personal information disclosed to us online. Accordingly, you transmit your personal information to us online at your own risk and are encouraged to exercise care in sending personal information via the internet. Please notify us immediately if you know or reasonably suspect that your personal information has been subject to any data breach, breach of security or other unauthorised activity.
MFL does not store any Personal Information outside Australia, however some is stored in the cloud.
MFL’s staff are responsible for handling personal information in accordance with the Privacy Act and the APP. Access to your personal information is limited to those who specifically need it to conduct their responsibilities.
MFL holds your Personal Information in paper and electronic files, in software programs both onsite and offsite, including in the cloud.
MFL will take reasonable steps to destroy Personal Information when it is no longer required but having regard also to MFL’s obligation to maintain copies of files for 7 years.
Accessing/correcting/updating your personal information
If you wish to access, correct or update your Personal Information held by MFL you should make a request in writing to the Managing Director. We will endeavour to provide a response to the request in writing within 30 days. To the extent we are required to provide access pursuant to the APP we will. There are situations that are set out in the APP in which we will not be required to provide access.
MFL will not charge you to make a request to access your Personal Information but we may charge an administration fee for providing a copy of your Personal Information.
In order to protect your Personal Information we may require identification from you before releasing the requested information.
Notification of Changes
This Policy may change from time to time to keep up-to-date with legal requirements and the way we operate our business. The updated policy will be published on MFL’s website.
You are responsible for reviewing this Privacy Policy periodically and informing yourself of any changes. We suggest that you check back regularly.
Complaints
If you have a complaint about the privacy of your personal information you may write to us at admin@menkesfamilylawyers.com.au
We will promptly acknowledge and investigate your complaint and endeavour to respond within 30 days.
If you are not satisfied with our response you may seek a review by contacting the Office of the Australian Information Commissioner using the information available at http://www.oaic.gov.au/privacy/privacy-complaints.
Legal Information
Disclaimer
The content on this site is not intended to provide legal advice. It is general information only. You should not rely upon it as legal advice. If you would like to discuss anything of interest or concern to you, please contact us. Nothing arising from the information on this site or communication with us via any means identified in this website creates a solicitor-client relationship between Menkes Family Lawyers and any reader and any information you provide to us in that communication may therefore not be legally privileged.
Menkes Family Lawyers disclaim all liability in respect to actions taken or not taken based on the contents of this website to the fullest extent permitted by law. We cannot accept any liability or responsibility for loss occurring as a result of anyone acting or refraining from acting in reliance on any material contained in this website.
Menkes Family Lawyers, its affiliates, employees, agents, contributors, or third party content providers shall not be liable for any direct, indirect or incidental loss or damage which may be incurred in connection with the use of this website or any of the content. This includes, but is not limited to, the transmission of any malware.
Jurisdiction
It is the individual’s responsibility to ensure that access to and use of this website is in accordance with the laws of your jurisdiction. Menkes Family Lawyers does not represent that it holds the authorisations and approvals required to provide legal advice in all jurisdictions where the material on this website may be viewed or accessed.
Insights and Legal Updates
The insights, alerts, reports, updates and podcasts and other materials provided on this website are for general information only and are not intended to be comprehensive or constitute legal advice. You must seek advice specific to your circumstances.
Professional Standards Legislation
Liability limited by a scheme approved under Professional Standards Legislation.