Important Information

PRIVACY POLICY
 

1. Introduction

In this Privacy Policy (Policy), the terms “Fairmont Legal”, “FL”, “we”, “us” or “our” refer to Fairmont Legal Pty Ltd ABN 83 657 209 919. This policy applies to Fairmont Legal and its associated operating entities. 2. Our commitment to you We are committed to protecting personal information we collect from you in accordance with all legal requirements, including but not limited to the Australian Privacy Principles (APP) and the Privacy Act 1988 (Cth) (Privacy Act). 3. The information we collect We collect personal information that is necessary for us to perform and provide our services as lawyers to our clients, to develop and promote our services and to assist us with complying with all applicable legal and regulatory obligations and to operate our business generally. The types of personal information we may collect include your:
  1. name
  2. date of birth
  3. address (work, home or delivery)
  4. title or position
  5. telephone numbers (work, home or mobile)
  6. email addresses
  7. social media addresses
  8. expertise and interests
  9. personal identification
  10. health information
  11. financial information
  12. cookies (see section 9)
  13. IP addresses
We may supplement the personal information that you provide with other information that we obtain from our dealings with you or from third parties in providing legal services. It may be necessary in some circumstances in order to provide our services for us to collect sensitive information about you. Sensitive information is a class of personal information including but not limited to professional memberships, financial information, health information and your criminal or civil penalty history. We will collect personal information that is sensitive information when it is reasonably necessary for us to provide our services.  The nature of the work we carry out for our clients and the activities of the firm mean that there is no effective way for us to deal with clients who wish to remain anonymous or to use a pseudonym when dealing with us. If you do not consent to our collection of personal information we may not be able to provide legal services to you. 4. How we collect your personal information We collect your personal information:
  1. when you visit our website;
  2. when you engage us to act as your lawyers or provide other services to you (additional terms set out in our retainer agreement and our further instructions may also apply to personal information provided to us pursuant to our provision of legal services); and
  3. when you correspond or communicate with us including over the telephone, or in any other manner such as in person or by letter, facsimile or email at any time.
Sometimes we may have access to and use personal data of individuals with whom we do not have any direct contact. For example, if we are providing advice to a client relating to the acquisition of another company, we may obtain and/or use personal information relating to an individual who sues one of our clients. In such circumstances, it may not be appropriate for us to provide the individuals concerned with a privacy notice that sets out how we use their personal data, as doing so may breach client confidentiality or privilege. Nevertheless, we handle such personal data in accordance with applicable data protection laws, and subject to client confidentiality or privilege. 5. How we use your personal information We will primarily use or disclose (or both) any collected personal information:
  1. to provide our services including undertaking any transaction or providing the legal services the subject of any instructions;
  2. to respond to a request or communicate with you (or both) including to provide legal services, to inform you of events we are holding and to provide you with articles or information regarding areas of law;
  3. for record keeping purposes;
  4. for administrative purposes;
  5. to improve the quality of our service;
  6. for market research and the marketing of our services, including sending communications with relevant legal or other information;
  7. to track activity on our website; or
  8. for job applicants, to consider making offers of employment or for employment purposes (or both). Any personal information we collect from employees is dealt with pursuant to the terms of further employment agreement(s).
By providing personal information you consent to the collection, use and disclosure of personal information (including any sensitive personal information) for the above purposes. How we collect, manage and transfer your personal information while we are retained to provide legal services is detailed in our retainer agreement and in our further communications to you. You may provide us with someone else’s personal information (and there is a range of circumstances where this could occur). Where you do, then we will accept that personal information on the basis that you have their authority or consent to provide us with their personal information or that such information has been provided pursuant to terms of our retainer agreement and our provision of legal services. 6. How we disclose your information In order to provide our services to you, we may engage third parties to carry out activities pursuant to our provision of legal services. These third parties may include courts and tribunals, barristers, other law firms, law enforcement and regulatory authorities, insurance companies and their agents, experts, delivery organisations, third party suppliers, agents and other service providers and third parties that are relevant to our provision of legal services. These third parties will have access to information needed to perform their function. By giving your personal information to us, you consent to us disclosing this personal information to third parties for any purpose related to purposes set out in this Policy. Please note that we also must comply with obligations under certain laws, including anti-money laundering and counter terrorism legislation. Such laws do not permit us to disclose what information we are obliged to disclose or that we have disclosed it. 7. Direct marketing We will use your relevant personal information for the purpose of marketing our services. If you do not want to receive marketing material from us, please contact us on the details set out at the end of this Policy, alternatively:
  • For electronic communications, you can click on the unsubscribe function in the communication.
  • For hard copy communications, you can unsubscribe from receiving this information by emailing us at admin@fairmontlegal.com.au or by post at the address at the end of this page.
8. Use or disclosure of your information outside Australia Depending on the nature of our engagement or the circumstances of your matter, we may disclose your personal information to entities overseas (for example, other law firms, experts or advisers) to provide legal services to you and as allowed by this Policy. The countries to which such disclosures are made, and the nature of the personal information disclosed, will depend on the specific circumstances of our engagement to provide legal services and the instructions you provide. These countries will have laws relating to the protection use and disclosure of personal information that are different from those that apply in Australia. You may not be entitled to similar protections of your personal information under the laws of those countries. We may also store, process or back up your personal information on servers that are located overseas (including through third party service providers). Given the nature of how data is stored, either in the “cloud” or on third party servers located at multiple sites, it is not possible for us to advise you of the countries where your personal information may be stored. 9. Cookies We use “cookies” and other software tools to track your use of our website. Cookies are small pieces of information that are stored by your browser in your computer’s memory and they are used to record how you navigate our website on each visit. Cookies and other tools that are used in any part of our website will be used for our internal management purposes, including collating statistics regarding website traffic. Most browsers automatically accept cookies and other online tools in common use, but you can usually change your browser to prevent cookies being stored and to reject other tools our site may use. 10. Security of information All reasonable steps are taken to ensure all personal information is treated confidentially, kept secure, protected against unauthorised use, interference, loss, modification and is used and/or disclosed for the purpose for which it was collected. We use reasonable physical, technical and procedural safeguards that comply with relevant legal requirements and industry standards to protect our systems and data.  Further, data is stored securely within Australian data centres, that are compliant with industry standards. Please be aware that the internet is not a secure environment and when you provide us with information over the internet you do so at your own risk. Please immediately contact us (see section 15) if you are concerned about a potential security issue in your interactions with us. 11. Your right to access and correct your personal information In some cases, you have the right to access and review your personal information held by us, subject to exceptions provided by law, including our obligations to provide legal services and to preserve information. Please direct all requests to the Privacy Officer in writing at the contact details below. We may charge a small fee towards the cost of administering any request you make. All reasonable steps are taken to update the personal information we hold if the information is not accurate, up-to-date and complete. You may contact us to update or correct your personal information by emailing us at admin@fairmontlegal.com.au. Pease include your name, address and/or email address when you contact us. You will not be charged for a correction request. 12. How you can make a complaint  Should you wish to contact us regarding this Privacy Policy, or complaints about the use of your personal information, please contact the Privacy Officer by email at admin@fairmontlegal.com.au. Where you make a complaint and you are not satisfied with the outcome of your complaint, you can contact the Office of the Australian Information Commissioner on 1300 363 992 or via email at enquiries@oaic.gov.au. 13. Links Please note our website contains links to other websites which are provided for your convenience. We are only responsible for the privacy practices and security of our website. We recommend that you check the privacy policies and procedures of other websites that you visit. 14. Policy review statement  Our policy may be updated when there are changes to legislation or our policy scope and purpose.  If we make changes we will publish an updated statement on our website and social media channels. You can request a copy of our privacy policy at any time by using the contact details below. 15. How to contact us If you would like any further information about this Policy or if you have any comment, complaint or question about any privacy matter affecting us, please contact us via the details below. Attention: The Director Fairmont Legal PO Box A132 Fairfield Heights NSW 2165 admin@fairmontlegal.com.au admin@fairmontlegal.com.au

 

WEBSITE TERMS OF USE

1. What are these terms?

These terms of use govern your use of the Fairmont Legal Pty Ltd (ABN 83 657 209 919) (Fairmont Legal, Fairmont Legal Pty Ltd, we, our, us) website.
Please read these terms of use and our privacy policy carefully. By
connecting to, browsing or otherwise using our website, you agree to be bound by these terms of use and our privacy policy.

2. Relationship and nature of content

The content, including publications, on our website is not legal advice, and you cannot rely on it for legal advice.

Your use of this website or the receipt of any information from us or this website is not intended to create a solicitor-client relationship between you and Fairmont Legal Pty Ltd and such a relationship is not created.

You should not send us any confidential information until it is agreed that there is a solicitor-client relationship between you and Fairmont Legal Pty Ltd.

Until such a relationship exists, we will assume that any information you send to us is not confidential.

You must seek specific advice tailored to your circumstances before acting or relying on any of the consent on our website.

3. Currency

The information on this website can change and although we attempt to
ensure that the content is current at the date specified for that content, we do not guarantee its currency.

4. Limit of liability

To the maximum extent permitted by law, Fairmont Legal Pty Ltd has no liability to you or anyone else for any loss or damage of any kind (however caused, including by negligence) arising from or relating in any way to the use of this website or any of the content, even if Fairmont Legal Pty Ltd has
been advised of the possibility of such loss or damage, or such loss or
damage was reasonably foreseeable.
This includes, but is not limited to, the transmission of any computer viruses or anything else (such as worms or Trojan horses) that may
interfere with or damage the operations of your computer systems.

Fairmont Legal Pty Ltd will not be liable to you for any indirect, incidental, special or consequential loss arising from or relating in any way to your use of this website, including loss of business profits.

Fairmont Legal Pty Ltd makes no warranties or representations about our website or any of the content on the website.

5. Intellectual property

Unless otherwise indicated, the content on our website belongs to us, or to someone who has given us permission to use it.

You may only access and use the content on our website for non-
commercial or personal use unless you have prior written approval from us.

You may print out any content on our website for your personal use. All other use, copying or reproduction of our website or any part of it is prohibited (except to the extent permitted by law). None of the content or any part of it may be reproduced on any other Internet website.

By sending any information or documents to us, you agree that we may copy, distribute or disclose any information or documents (such as but not limited to emails and attachments) to Fairmont Legal Pty Ltd, barristers, delivery organisations, third party suppliers and agents as required for the
purpose of providing our services, or for Fairmont Legal Pty Ltd providing services, to you.

6. Spam

Publication of email addresses on this website does not infer consent to the receipt of unsolicited commercial electronic messages.

7. Links

We are happy for you to link to our site.

We reserve the right to deny any person permission to link to our site.

We do not have control over nor are we responsible for any material
contained in any linked site. We do not endorse nor make any
representation about the linked site or the organisations referred to on that site. We are not responsible for the content on any linked sites. 

Our website may contain links to other web site and may on occasion
display content or information from other web sites within frames on this website. We are not responsible nor liable for that content or information, and do not warrant the accuracy, currency or suitability for any purpose of that information.

8. Changes in these terms

We may change these terms of use at our discretion and without further notice.

Accordingly, we recommend that you check this page from time to time in order to review our current terms.

Your continued use of our website is deemed to be acceptance of the
terms of use as amended from time to time. A copy of the current terms of use is displayed on our website at all times.

9. Jurisdiction

This website is created and controlled by Fairmont Legal Pty Ltd.

We do not represent that we hold the authorisations and approvals required to provide legal advice in all jurisdictions where the material on our website may be viewed or reviewed. You must ensure that access to and use of our website is in accordance with the laws of your jurisdiction.