We respect each person's right to privacy, so we're committed to complying with the Privacy Act 1988 (“the Act”) and the Australian Privacy Principles (“APPs”). You may view a copy of the Act and the APPs as well as other information relating to privacy law at the website of the Office of the Australian Information Commissioner.
This Statement contains some important information about how we must deal with personal information under the APPs.
In this Statement the expressions Andersons Solicitors, 'we', 'us' and 'our' refer to the Andersons Solicitors partnership and its associated entities.
We recommend you keep this information for future reference.
Andersons Solicitors provides legal advice and services through its solicitors and in house barristers and also from time to time seeks the services and advice of external barristers.
We only collect the personal information that is necessary to lawfully and ethically carry on our business, to provide the services our clients require in specific matters, to communicate efficiently with our clients and contacts, to keep our clients and contacts informed of legal developments and events, and to responsibly market our services.
Unless we need particular information to provide the specific services a client requires in a particular matter, the personal information we collect about a person is limited to their name, gender, date of birth and contact details, their occupation, their employer, and details of their relationship or dealings with us or our clients or contacts.
Where necessary and relevant to a client’s particular matter, we may also need to collect what is regarded as ‘sensitive information’ under the APPs; for example, information as to a client’s medical history or criminal record.
It may also be necessary for us to collect personal information in the event we are asked to advance credit for services we provide or have an outstanding debt with a client which exceeds our terms of payment.
We collect personal information about a person directly from the person concerned when it's practical to do so. We may do this when a person meets with us, communicates with us by telephone, mail, fax or email, subscribes to our publications, or submits information via our website. We may be unable to provide the information or services a person requests if we are not given the personal information we ask for.
We also obtain information about people from our clients and their agents (in relation to specific matters), from their employers, or from publicly available records. If a third party, such as a client, gives us personal information about another person, the third party must ensure that they have the legal right to do so and that we have the right to use and disclose the information for the purposes for which it is provided to us without contacting the person. Depending upon the circumstances, the third party may need to inform the person that the information has been provided to us and ensure that the person is made aware of the matters detailed in this Statement.
We may use personal information we hold about people who are clients, employees of clients, or contacts to send them our publications, other information we think may interest them, or invitations to our events, but we won't if they have told us that they don't want to receive such communications.
Apart from that we will only use the personal information we collect to provide the services that our clients instruct us to provide in specific matters.
We have a professional duty to maintain the confidentiality of our clients' information, and we will not disclose information about a client unless we have our client's instructions, or are under a legal obligation, to do so. Often the information given to us by clients is subject to legal professional privilege and we cannot be compelled to disclose it unless our client consents.
We will disclose personal information we collect in relation to specific matters when it is necessary to do so to provide our services and the disclosure is in accordance with our client's instructions and is lawful and ethical. For example, we may need to provide information to a Court, to a Regulatory Authority, to barristers or experts engaged by us, to other parties or their advisors, or we may need to give our client information we have collected about another person.
Subject to you in writing opting out, you agree that we may use personal information obtained in the course of your matter (other than sensitive information) for the purpose of marketing.
We may disclose your credit information to credit reporting bodies where the Privacy Act permits us to do so, and in accordance with, and as permitted by the Privacy (Credit Reporting) Code 2014 (Version 1.2). For example, if you fail to meet your payment obligations in relation to consumer credit provided by us or if you commit a serious credit infringement we may be entitled to disclose this to a credit reporting body.
Credit reporting bodies may include information provided by us in reports provided to other credit providers to assist them to assess your credit worthiness.
We currently disclose credit information to Equifax (previously known as Veda). For their most up to date contact details please visit their online portal at ‘My Credit File’. For information on their Credit Reporting Policy, please visit Equifax Reporting online.
You have the right to access this information from us, to request we correct the information and to make a complaint to us.
You have the right to request of Equifax not to use or disclose credit reporting information about you, if you believe on reasonable grounds that you have been, or are likely to be, a victim of fraud.
Sometimes we use external service providers who may have access to some personal information we collect. These contractors are bound by obligations of confidentiality and may only access information to the extent necessary to provide the services we require.
Our trust account auditors, Law Society of South Australia Trust Account Inspectors, may be given access to some of our client's matter files and our client records from time to time, but only for the purpose of ensuring that we are complying with trust accounting requirements of the Law Society of South Australia. They too are bound by obligations of confidentiality.
Others who may have access to a client’s personal information include barristers, expert witnesses, the Courts and other government entities where the disclosure of such information is required as part of a legal matter.
We take appropriate steps to ensure that all information we hold is protected from loss, misuse, or unauthorised access, disclosure or modification. We maintain physical security over our premises and access to our computer systems is limited by user identifiers and passwords. All our staff are subject to strict obligations of confidentiality.
We are required to keep files which may contain personal information for a minimum of 7 years after they are closed or finalised but in the case of some files, we may be required to keep them for longer; for example Wills files are kept for 50 years after signing. After the requisite period, we will destroy the physical file and delete any electronic records from our computer system. We may however have electronic records stored in back-up facilities for a longer period of time.
A person may use our website anonymously, but any information the person chooses to submit to us (for example, to book for an event, subscribe to a publication, or send us an email) will be treated in accordance with this Statement.
Visitors are able to send email through this site, and their messages will contain their user's screen name and email address, as well as any additional information the user may wish to include in the message (Contact Information). Opportunities to send emails are provided solely to let individuals send comments and communications to us and to request information from us. These messages are forwarded through the Site to the appropriate person within the Firm to respond, at their discretion, to the questions or comments or to provide the information requested. In the event that the Firm is requested to contact a visitor concerning a visitor's interest for law related services or application for employment, contact information may also be used for purposes of making that communication.
If we receive unsolicited personal information from a potential client, for example through our ‘New Client Enquiry’ portal), we will subsequently delete that information if we are not retained to act for the person.
Disclosure of personal information may potentially be made to overseas parties by you when using social media platforms such as Facebook, Twitter and LinkedIn, however we will never divulge your personal information to persons or entities overseas without your consent.
Andersons Solicitors take all reasonable precautions to ensure the personal information we collect, use and disclose is accurate, complete and up to date. We recommend that you let us know of any errors in the personal information we hold on you that comes to your attention and that you keep us informed of any changes to your personal information.
People can request access to the personal information we hold about them. There are some limitations upon this right to access, such as where we owe a duty of confidentiality to a client or legal professional privilege applies. We may charge a fee when access is provided.
To enquire about any privacy issue, or make a request for access to information or make a complaint about a possible breach of the Australian Privacy Principles, please contact:
69 Franklin Street, Adelaide, SA 5000
T: +61 8 8238 6666
F: +61 8 8238 6600