- the way we collect your personal information;
- the way we use and disclose it;
- our data quality and security for storage of your personal information;
- any direct marketing we conduct;
- your right of access and correction of your personal information;
- how we handle any privacy complaints; and
- any international transfer of Information.
What is “Personal Information”?
Personal information is any information or opinion (whether true or not) which either identifies you or from which your identity can reasonably be determined.
Personal information can only relate to human beings and information about companies and other legal entities is not covered by the provisions of the Privacy Act.
What is “Sensitive Information”?
Sensitive information is personal information that includes information about your:
- racial or ethnic origin;
- political opinions;
- sexual preferences or practices;
- criminal record; or
This sort of information has extra protection under the law. Moores will only collect this information if it is necessary to do so and you have consented to its collection. We do not use or disclose your sensitive information other than as allowed by the law or with your consent.
How do we collect personal information?
Generally, and where possible, we will collect your personal information directly from you. Sometimes, however, personal information will be collected about you from other sources.
In addition, our website offers you an opportunity to submit other personal information which may include:
- submitting your résumé and job application;
- submitting your contact details;
- seeking additional information on topics of interest;
- providing feedback; or
- registering for an event, conference or newsletter.
When submitting any personal information about yourself on the internet, it is important to note that internet security is not absolute. Moores takes reasonable steps as required by the Privacy Act to ensure that our website is protected from outside sources, and we encourage you to make sure your computer is adequately protected. If you post personal information on our website, we will consider that you have consented to the collection of this information.
Why does Moores collect personal information?
Moores will not collect any information about you that is not necessary for the purpose for which you have engaged us. The primary reason why Moores collects your personal information is so that we can provide you with legal services.
In addition, we may collect personal information to:
- offer you our written publications to advise you of legal developments;
- consider your job application for recruitment purposes; and
- undertake various marketing activities, including direct marketing (in which case, you will be given a clear opt out from such direct marketing initiatives).
Ordinarily, Moores will not need to collect sensitive information from you. However, there are certain types of matters in which your sensitive information will be necessary to the legal services we provide. For example, we will need to collect your health information for the purposes of a personal injury matter. We may also need to collect sensitive information if we are acting on your behalf in a discrimination matter and the discrimination involves that sensitive information.
Can I object to giving Moores my personal information?
If you telephone to make a general inquiry about the types of legal services we offer at Moores, you do not have to identify yourself. However, whilst you do have the right to seek to deal with us anonymously or using a pseudonum, if you choose us to act for you, it would be impracticable to provide legal services to you if you do not supply us with your personal information.
If you do not wish to receive information about our products and services, you can request to be withdrawn from our Moores marketing database at any time, either by contacting us or by using the opt out function contained in our direct marketing emails. Once you have made this request, Moores will no longer continue to provide you with any further information. Any removal from our marketing database or particular direct marketing communications will not affect any legal services we are supplying to you, or will in future supply to you.
Will Moores disclose your personal information to anyone?
In certain circumstances it will be necessary to disclose your personal information to others for the purposes for which we collected it. For example, we may disclose your personal information to a barrister acting on your behalf on our instructions. We may also disclose it to someone lending you money for the purposes of buying your house. You are entitled to know the identities of any third party to which we disclose your personal information, and you may access these details at any time.
If you are submitting a job application, we place limitations on who can access this information within the organisation and we do not disclose the information to any other organisations.
When you provide your personal information to us it may be transferred to our service providers, including those located outside of Australia.
Keeping your personal information up to date
It is important to us that your personal information is accurate, complete and up-to-date. So that we can deliver services as best as we possibly can, please let us know if there are any changes to your personal information. At any time after we have finished assisting you, you can contact us to tell us that any of the information previously given is now inaccurate or incomplete. We will make any amendments to your personal information upon your request.
How safe is my personal information at Moores?
At Moores we take reasonable steps to safeguard your personal information. For example, our computer network has password security both internally and externally. For external purposes we also function with a firewall. Each of our offices has lockable filing cabinets and the building itself has excellent security. In addition, we engage a secure document destruction service when discarding any document which displays your personal information. We also continually review and test our technology for the purposes of improving our security.
How long will Moores keep my personal information?
When we have no immediate use of your personal information, it is our usual practice to archive and store it securely for seven years. After the seven year period, we will oversee its destruction.
However, when you engage us to act for you in relation to certain legal matters, we will not destroy the information but continue to store it indefinitely. This will occur for matters including any estate planning and any matter in which we have drafted an agreement to which you are a party. It is necessary to store this type of file because it is common that the information will need to be accessed in the future.
In addition, if you request us to hold any Certificate of Title, will, agreement or other document in our secure deeds safe, we will not destroy these documents after a set period of time but continue to store them indefinitely or until you request their release.
If you submit your personal information as part of a job application, your details are stored on a secure recruitment database. This allows us to consider your application for future vacant positions if you are unsuccessful in obtaining a position with us at first instance. It is our usual practice to request your permission to contact you about future job vacancies. You are entitled to request that we remove your information from this database. Other than job applications, unsolicitedpersonal information will be dealt with as required by the Privacy Act and in some cases, will be destroyed.
Can I access my personal information?
At any time you may request access to any of the personal information we hold about you. In order to respond to any request, we will require the following information:
- your name and address;
- your contact telephone numbers; and
- the legal matter/s we have helped you with in the past or are currently assisting you with.
To access your information is a free service. Sometimes, we may ask that you send this information to us in writing to assist us. On occasion, if further more detailed personal information is in our archives, a small fee may be charged to cover the cost of obtaining the information for you. We will inform you of any charges payable upon your request.
Moores aims to respond to requests for access to personal information within thirty days.
Can Moores deny me access to my personal information?
The Privacy Act does permit us to deny you access to your personal information in certain circumstances.
- there is current or pending litigation regarding the personal information;
- the request is frivolous;
- permitting access would be in breach of the law;
- providing the information would pose a threat to health or public safety; or
- providing the information would interfere with another person's privacy.
Any denial of a request for access to personal information will be accompanied by an explanation setting out our reasons for doing so.
If providing access would reveal evaluative information generated within our organisation in connection with a commercially sensitive decision making process, we may give you an explanation for the commercially sensitive decision rather than direct access to the information.
Where we are not required to provide you with access because of one of the prescribed reasons, then we will consider whether a mutually agreed intermediary would allow sufficient access to meet our needs and yours.
Can I correct the personal information Moores has on file about me?
Where any information is not accurate, up-to-date or complete, you can request that the information be amended.
In some instances it is not practical in the provision of our services to you to destroy information that you wish to update. In those circumstances we may choose to note your desired changes and place them together with the original personal information on your file.
Moores has a dedicated Privacy Officer who can be contacted in relation to any privacy issue you may have. You may contact the Privacy Officer by:
- telephone on (03) 9898 0000;
- email at firstname.lastname@example.org; or
- mail at Moores, PO Box 340, Box Hill 3128, marked to the attention of the Privacy Officer.
Please note that email is not considered to be a secure way to communicate and when you use this form of communication, you must be aware of this.
Can I complain about a breach of my privacy?
The privacy legislation requires us to respond to your request in 30 days, and you must allow us the full 30 days to respond before you can escalate any complaint you may have. We will at first seek to deal with you via phone. If your complaint is not satisfactorily resolved after the phone call, we would meet with you in person.
If you are not satisfied with our response to your complaint after this meeting, you can refer your complaint to the Office of the Australian Information Commissioner by:
Office of the Australian Information Commissioner
tel 1300 363 992 or fax +61 2 9284 9666