Titanium Lawyers

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Privacy Policy

Titanium Lawyers is committed to complying with the provisions of the Privacy Act 1988 (Cth) (the “Act”) and adheres to the 10 National Privacy Principles found in Schedule 3 of the Act which regulates the collection, storage, quality, use and disclosure of personal information and sensitive information.


Titanium Lawyers is committed to respecting the privacy of individuals and corporations (“our clients”) and ensuring that you are given certain rights in respect of this information.


All information collected will, or may, be used for providing professional services to our clients and complying with the Legal Profession Act 2004 and any other required legislation. This may include disclosing personal and sensitive information to courts, barristers, other lawyers and/or our associated businesses with the approval from our client in the event that our client’s objectives require additional services. We may also use personal information to provide legal updates and marketing material to individuals.


The type of personal and sensitive information we collect and maintain will depend upon the services we provide for our clients. This may include personal information such as name, address, financial position and contact details provided when instructing us to act on your behalf you request from us. We may also indirectly collect personal and sensitive information on individuals when acting for our clients or directly from individuals who contact us, visit our website or attend our seminars.


Clients may request access to the personal and sensitive information collected by Titanium Lawyers by written correspondence via mail or email information in accordance with the National Privacy Principles. If any Client is dissatisfied with the handling of personal information, please contact Titanium Lawyers at privacy@titaniumlawyers.com to discuss the complaint. If the matter is not resolved by Titanium Lawyers, then you may contact the Office of the Privacy Commissioner on 1300 363 992 or access further information on the Privacy Commissioner’s website at www.privacy.gov.au. For a comprehensive list of all the principles please visit the Privacy Commissioner’s website. Titanium Lawyers is bound by the National Privacy Principles and can be summarised as follows:

 

COLLECTION OF INFORMATION

 

1.1 Titanium Lawyers must not collect personal information unless the information is necessary for one or more of

its functions or activities.

 

1.2 Titanium Lawyers must collect personal information only by lawful and fair means and not in an unreasonably intrusive way.


1.3 At or before the time (or, if that is not practicable, as soon as practicable after) Titanium Lawyers collects personal information about an individual from the individual, Titanium Lawyers must take reasonable steps to ensure that the individual is aware of:


(a) the identity of Titanium Lawyers and how to contact it; and

(b) the fact that he or she is able to gain access to the information; and

(c) the purposes for which the information is collected; and

(d) Titanium Lawyers (or the types of organisations) to which Titanium Lawyers usually discloses information of that kind; and

(e) any law that requires the particular information to be collected; and

(f) the main consequences (if any) for the individual if all or part of the information is not provided.

 

1.4 If it is reasonable and practicable to do so, Titanium Lawyers must collect personal information about an

individual only from that individual.


1.5 If Titanium Lawyers collects personal information about an individual from someone else, it must take reasonable steps to ensure that the individual is or has been made aware of the matters listed in subclause 1.3 except to the extent that making the individual aware of the matters would pose a serious threat to the life or health of any individual.

 

 

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USE AND DISCLOSURE


2.1 Titanium Lawyers must not use or disclose personal information about an individual for a purpose (the secondary purpose) other than the primary purpose of collection unless:

 

(a) both of the following apply:

 

(i) the secondary purpose is related to the primary purpose of collection and, if the personal information is sensitive information, directly related to the primary purpose of collection;

(ii) the individual would reasonably expect Titanium Lawyers to use or disclose the information for the secondary purpose; or

 

(b) the individual has consented to the use or disclosure; or

(c) if the information is not sensitive information and the use of the information is for the secondary purpose of direct marketing:

 

(i) it is impracticable for Titanium Lawyers to seek the individual’s consent before that particular use; and

(ii) Titanium Lawyers will not charge the individual for giving effect to a request by the individual to Titanium Lawyers not to receive direct marketing communications; and

(iii) the individual has not made a request to Titanium Lawyers not to receive direct marketing communications; and

(iv) in each direct marketing communication with the individual, Titanium Lawyers draws to the individual’s attention, or prominently displays a notice, that he or she may express a wish not to receive any further direct marketing communications; and

(v) each written direct marketing communication by Titanium Lawyers with the individual (up to and including the communication that involves the use) sets out Titanium Lawyers’ business address and telephone number and, if the communication with the individual is made by fax, telex or other electronic means, a number or address at which Titanium Lawyers can be directly contacted electronically;

 

(d) Titanium Lawyers has reason to suspect that unlawful activity has been, is being or may be engaged in, and uses or discloses the personal information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities; or

(e) the use or disclosure is required or authorised by or under law; or

(f) Titanium Lawyers reasonably believes that the use or disclosure is reasonably necessary for one or more of the following by or on behalf of an enforcement body:

 

(i) the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law;

(ii) the enforcement of laws relating to the confiscation of the proceeds of crime;

(iii) the protection of the public revenue;

(iv) the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct;

(v) the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.

 

This subclause does not override any existing legal obligations not to disclose personal information. Nothing in subclause 2.1 requires Titanium Lawyers to disclose personal information; Titanium Lawyers is always entitled not to disclose personal information in the absence of a legal obligation to disclose it.

 

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DATA QUALITY


Titanium Lawyers must take reasonable steps to make sure that the personal information it collects, uses or discloses is accurate, complete and uptodate.


DATA SECURITY


4.1 Titanium Lawyers must take reasonable steps to protect the personal information it holds from misuse

and loss and from unauthorised access, modification or disclosure.

 

4.2 Titanium Lawyers must take reasonable steps to destroy or permanently deidentify personal information if

it is no longer needed for any purpose for which the information may be used or disclosed under National

Privacy Principle 2.


OPENNESS


5.1 Titanium Lawyers must set out in a document clearly expressed policies on its management of personal information. Titanium Lawyers must make the document available to anyone who asks for it.


5.2 On request by a person, Titanium Lawyers must take reasonable steps to let the person know, generally, what sort of personal information it holds, for what purposes, and how it collects, holds, uses and discloses that information.


ACCESS AND CORRECTION


6.1 If Titanium Lawyers holds personal information about an individual, it must provide the individual with access to the information on request by the individual, except to the extent that:


(a) providing access would have an unreasonable impact upon the privacy of other individuals; or

(b) the request for access is frivolous or vexatious; or

(c) the information relates to existing or anticipated legal proceedings between Titanium Lawyers and the individual, and the information would not be accessible by the process of discovery in those proceedings; or

(d) providing access would reveal the intentions of Titanium Lawyers in relation to negotiations with the individual in such a way as to prejudice those negotiations; or

(e) providing access would be unlawful; or

(f) denying access is required or authorised by or under law; or

(g) providing access would be likely to prejudice an investigation of possible unlawful activity; or

(h) providing access would be likely to prejudice:

 

(i) the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; or

(ii) the enforcement of laws relating to the confiscation of the proceeds of crime; or

(iii) the protection of the public revenue; or

(iv) the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
(v) the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders; by or on behalf of an enforcement body; or

(i) an enforcement body performing a lawful security function asks Titanium Lawyers not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia.


6.2 However, where providing access would reveal evaluative information generated within Titanium Lawyers in connection with a commercially sensitive decisionmaking process, Titanium Lawyers may give the individual an explanation for the commercially sensitive decision rather than direct access to the information.

6.3 If Titanium Lawyers is not required to provide the individual with access to the information because of one or more of paragraphs 6.1(a) to (i) (inclusive), Titanium Lawyers must, if reasonable, consider whether the use of mutually agreed intermediaries would allow sufficient access to meet the needs of both parties.

6.4 If Titanium Lawyers charges for providing access to personal information, those charges:

(a) must not be excessive; and

(b) must not apply to lodging a request for access.

6.5 If Titanium Lawyers holds personal information about an individual and the individual is able to establish that the information is not accurate, complete and up-to-date, Titanium Lawyers must take reasonable steps to correct the information so that it is accurate, complete and up-to-date.

6.6 If the individual and Titanium Lawyers disagree about whether the information is accurate, complete and up-to-date, and the individual asks Titanium Lawyers to associate with the information a statement claiming that the information is not accurate, complete or up-to-date, Titanium Lawyers must take reasonable steps to do so.

6.7 Titanium Lawyers must provide reasons for denial of access or a refusal to correct personal information.

 

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IDENTIFIERS


7.1 Titanium Lawyers must not adopt as its own identifier of an individual an identifier of the individual that has been assigned by:

 

(a) an agency; or

 

(b) an agent of an agency acting in its capacity as agent; or

 

(c) a contracted service provider for a Commonwealth contract acting in its capacity as contracted service provider for that contract.

 

7.2 Titanium Lawyers must not use or disclose an identifier assigned to an individual by an agency, or by an agent or contracted service provider mentioned in subclause 7.1, unless:

 

(a) the use or disclosure is necessary for Titanium Lawyers to fulfil its obligations to the agency; or

(b) one or more of paragraphs 2.1(e) to 2.1(f) (inclusive) apply to the use or disclosure; or

(c) the use or disclosure is by a prescribed organisation of a prescribed identifier in prescribed circumstances.

 

7.3 In this clause, identifier includes a number assigned by Titanium Lawyers to an individual to identify uniquely the individual for the purposes of Titanium Lawyers’ operations. However, an individual’s name or ABN (as defined in the A New Tax System (Australian Business Number) Act 1999) is not an identifier.

 

 

ANONYMITY


Wherever it is lawful and practicable, individuals must have the option of not identifying themselves when entering transactions with an organisation.


TRANS-BORDER DATA FLOWS


Titanium Lawyers in Australia or an external Territory may transfer personal information about an individual to someone (other than Titanium Lawyers or the individual) who is in a foreign country only if:

 

(a) Titanium Lawyers reasonably believes that the recipient of the information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the National Privacy Principles; or


(b) the individual consents to the transfer; or


(c) the transfer is necessary for the performance of a contract between the individual and Titanium Lawyers, or for the implementation of precontractual measures taken in response to the individual’s request; or


(d) the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the individual between Titanium Lawyers and a third party; or


(e) all of the following apply:


(i) the transfer is for the benefit of the individual;


(ii) it is impracticable to obtain the consent of the individual to that transfer;


(iii) if it were practicable to obtain such consent, the individual would be likely to give it; or


(f) Titanium Lawyers has taken reasonable steps to ensure that the information which it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the National Privacy Principles.


SENSITIVE INFORMATION


10.1 Titanium Lawyers must not collect sensitive information about an individual unless:


(a) the individual has consented; or


(b) the collection is required by law; or


(c) the collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any individual, where the individual whom the information concerns:


(i) is physically or legally incapable of giving consent to the collection; or


(ii) physically cannot communicate consent to the collection;.

 

 

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