Privacy Policy

Privacy Policy

Privacy and Website Use

Your privacy is important to us. It is Pengelly & Co Legal’s policy to respect your privacy regarding any information we may collect from you across our website.

You need not disclose your identity to us in order to use this website.

Privacy Policy at Pengelly & Co Legal

Pengelly & Co Legal is bound by the Privacy Act 1988 (Cth) as well as the Australian Privacy Principles (APPs).

This Privacy Policy describes how Pengelly & Co Legal collects, uses and discloses personal information about an individual and how we manage individual requests to access and correct it.

We may vary this policy from time to time. The most recent version can be accessed on our website.

1. Collection of personal information

Collection of personal, sensitive and confidential information is fundamental to our relationship with clients to our business.

All information received in connection to a client matter is subject to strict rules of confidentiality. The information will not be disclosed except in accordance with our professional obligations, as specifically authorised by our client or as contemplated by this Privacy Policy.

2. What kinds of personal information do we collect?

 During the course of our business, we may collect personal information (including sensitive information).

‘Personal information’ means information or an opinion about an individual whose identity is apparent or reasonably ascertained. We collect and hold this information when it is necessary for business purposes. We will collect personal information by lawful and fair means.

The kinds of personal information we collect and hold may include:

• your name;
• your date of birth;
• your contact information (e.g. phone number, email and address);
• your organisational role or occupation;
• areas of legal practice of interest or events of interest;
• information about people’s dealings with us; and
• if you apply for a position with us we will collect your name and contact details and it may be disclosed to recruitment agencies for suitability assessment.

In the course of providing professional services, we may also collect and hold more detailed personal information, and/or sensitive information, for example:

• where relevant to the services we are providing you, your financial information about your assets, occupation and income, bank account balances, account activities, payment history;
• government identifiers such as Tax File Numbers, Australian Business Numbers, drivers’ license, passport and Medicare numbers and visa/work permit status;
• shareholdings and details of investments;
• memberships of trade or professional associations;
• details of superannuation and insurance arrangements;
• educational qualifications, employment history and salary; and/or
• personal information about your spouse and dependents.

You do not need to give us any personal information when we ask for it. However it will affect our ability to meet our obligations to you.

3. How we collect personal information

We collect personal information directly from you where it is reasonable and practical to do so.

We may also collect personal information about you from clients, referrers, authorised representatives, public records and third parties such as regulatory authorities where necessary. If this occurs we will take reasonable steps to notify or make you aware that we have information about you, how we will use and disclose it and that you may contact us to gain access to and correct the information. However, we will not collect information or notify you where it would breach our obligations of confidentiality or legal professional privilege.

When we collect information we will usually let you know why we are collecting the information, if we are required by law to collect the information and consequences of not providing the information

We will deal with any unsolicited personal or sensitive information in accordance with law. This includes destroying the information or ensuring it is de-identified where we are permitted to do so by law.

4. How we hold personal information

We treat the personal information (including sensitive information) that we receive and hold in accordance with strict professional obligations of confidentiality and legal professional privilege.

We hold personal information in physical records and electronic files, including electronic files on third party servers.

5. The purposes for which we collect, hold, use and disclose personal information

We collect, hold and use personal information for the purposes for which it was collected and related purposes including to:

• provide or offer services to you;
• respond to an individual’s request;
• manage and account for the services;
• manage our relationships with you and our other clients;
• maintain contact with clients;
• for general management and reporting purposes, such as invoicing and account management;
• for recruitment purposes;
• to comply with legal processes, with may include disclosures to law enforcement, regulatory or government agencies;
• provide to you information about legal developments, events, products or services that may be of interest to you;
• facilitate our internal business operations, including fulfilling our professional obligations; and
• for other purposes relating to our business.

You may request not to receive direct marketing communications from us by contacting our Privacy Officer. You may also unsubscribe from our marketing emails.

We may disclose personal information (including sensitive information) for the purposes for which it was collected and also:

• as required by law subject to our professional obligations, as permitted under the APPs and/or with your consent if required;
• subject to our professional obligations, to any person where necessary or desirable in connection with our provision of legal services, such as to the client, regulatory authorities or other persons within Pengelly & Co Legal Pty Ltd; and on a confidential basis to our external service providers and advisers.

6. International disclosures 

We may use and disclose your personal information in jurisdictions other than Australia or an external territory including where you have instructed us, as required by law or under our professional obligations, and as permitted under the APPs and this policy.

7. Access and correction of your personal information

We will take reasonable steps to ensure that your personal information is accurate, complete, up to date, and relevant whenever it is used, collected or disclosed.

You may request access to your personal information by contacting the Privacy Officer and you may request a correction of your personal information we hold about you.

We may charge you a fee where access is provided but not in relation to the correction of your personal information.

We will respond to your request for access or correction within a reasonable period after the request is made. We will also take reasonable steps to give you access in the manner you have requested.

We may not be required to give you access to your personal information in certain circumstances, such as if it would have an unreasonable impact on the privacy of other individuals, the information relates to existing or anticipated legal proceedings between us and you or it would be unlawful.

Where we refuse to give you access to, or do not correct, your personal information we will provide you with written notice of our refusal.

If you wish to have your personal information deleted, please let us know and we will take all reasonable steps to delete, de-identify or destroy it immediately (unless we need to keep it for legal or internal risk management reasons, or compliance with our professional obligations).

8. Security of personal information

We will take reasonable steps to protect your personal information held in physical and electronic form from misuse, interference and loss and from unauthorised access, modification or disclosure.

All persons within Pengelly & Co Legal with access to confidential information are subject to confidentiality obligations.

If we no longer need your personal information for any purpose for which the information may be used or disclosed by use under this Privacy Policy we will take reasonable steps to destroy the information or to ensure that the information is de-identified, subject to our professional obligations and the law.

9. Complaints

If you believe we may have breached the APPs or failed to comply with our Privacy Policy please contact our Privacy Officer, Jessica Pengelly, on +61 474 301 434 or by email at jessica@pengellyco.com.au