Commitment to Privacy
Throughout this Policy, we refer to your "personal information" which means information about you which makes your identity apparent or reasonably ascertained. For example, your name, home address and home telephone number. Any references to "we", "us" or "our" means Toomey Pegg.
We will post changes to this Policy at our website www.toomeypegg.com.au (Website). We therefore encourage you to check the Policy from time to time.
This Policy does not apply to the acts and practices of Toomey Pegg which directly relate to an employee record held by us in respect of an individual and a current and former employment relationship between us and that individual.
Toomey Pegg may collect information about you through its Website, under any agreement or arrangement or from you or other sources. We only collect personal information that is necessary for one or more of our functions or activities. For example:
- information collected when you seek legal advice from us or when you seek another service from us (such as the information you provide when you respond to an invitation to attend a seminar held by us);
- information collected at your request and in the course of acting for you;
- information collected in communications between us and you;
- information collected when you seek employment with us eg by providing us with your personal information by telephone, e-mail, post or facsimile transmission;
- information collected about you from recruitment agencies;
- information collected about you from mailing lists;
- information collected about you from referral sources;
- for purposes related to our research (including market research), planning, service development, security, testing and risk management;
- information collected in connected with the operation, administration, development or enhancement of the Website;
- information collected which you submit to us by way of messages or comments through our Website eg via e-mail or "Contact Toomey Pegg" form; and
- information collected when you participate in an online survey.
In certain circumstances, Toomey Pegg may also collect sensitive information about you, including:
- your membership of a professional or trade association; or
- health information; or
- your religious beliefs or affiliations.
You may browse some information only areas of the Website without providing any personal information, however we may not be able to provide the full range of services offered through our Website if we are not provided with the information requested at the time of collection.
There may be occasions when we need to collect personal information about you from a third party. For example, we may collect personal information from a company for whom you work or have worked, an individual or organisation who has referred us to you or you to us, other organisations with whom you have had dealings, an information service provider or a publicly maintained record. If we collect personal information about you in this way, we will take reasonable steps to ensure that you are aware of the purposes for which we are collecting the personal information and the organisations to which we might disclose your personal information.
Use and disclosure of your personal information
Toomey Pegg will use or disclose personal information that it collects from you:
- in accordance with this Policy;
- where you have consented to the use or disclosure, or
- for the main purpose(s) for we collect it, or for related purposes for which you would reasonably expect us to use or disclose your personal information. For example:
- to obtain your instructions (if you are a prospective client);
- to provide you (if a client) or your organisation with legal advice;
- to consider making offers of employment or for employment purposes;
- to receive services from you or the organisation which employs you;
- to advise you of legal developments and information about other services offered by us such as seminars;
- to invoice you;
- to send you invoice reminder notices;
- subject to the Privacy Act 1988, to provide you with information relating to Toomey Pegg or promotional details about products and services that may be of interest to you, unless you have previously advised us that you do not wish to be contacted for those purposes;
- we may disclose your personal information for purposes related to Toomey Pegg's research (including market research), planning, service development, security, testing and risk management and with the operation, administration, development or enhancement of the Website;
- the use or disclosure is required or authorised by or under law;
- we may disclose your personal information (if a client) to:
- barristers or experts engaged in your matter;
- foreign law firms for the purpose of obtaining overseas advice or other law firms within Australia should we be required to refer your matter;
- government bodies if required during the course of providing you with our legal services for example the Land Titles Office, the Australian Securities and Investment Commission and the Office of State Revenue;
- we may disclose your personal information (if not a client) to our clients where we have collected that information in the course of providing legal services to them.
If you do not provide the requested information, we may not be able to either provide you with appropriate legal advice or to fulfil another purpose of collection.
Toomey Pegg may disclose your personal information to third parties. For example, we may engage contractors to store and archive our completed client files. We may also disclose your personal information to service providers who assist us in providing the Website and our products and services (for example internet and technology service providers, auditors, mail houses and delivery companies) and organisations with whom we have co-promotion arrangements (and any agents used in administering such arrangements).
In these situations, we prohibit the third party from using or disclosing your personal information except for the specific purpose for which we supply it.
For other individuals, we may disclose your personal information to our clients where we have collected that information in the course of providing legal services to them.
Toomey Pegg's duty of confidentiality and obligations of non-disclosure
In addition to the Act, the Legal Profession Act 2004 (NSW) requires Toomey Pegg to keep its clients' affairs confidential, including personal information. This is a fundamental duty owed by solicitors to their clients. In combination, both pieces of legislation require us to ensure that your personal information is kept confidential except where disclosure of your personal information is:
- with your consent;
- compelled by law;
- for the sole purpose of avoiding probable commission or concealment of unlawful activity; or
- permitted by the Legal Profession Act 2004.
In many cases, information which Toomey Pegg holds will be subject to legal professional privilege and will therefore not be liable to disclosure.
Our Website may, from time to time, contain links to the websites of other organisations which may be of interest to you. Linked websites are responsible for their own privacy practices and you should check those websites for their respective privacy statements.
Toomey Pegg may use a number of mechanisms to protect the security and integrity of your personal information. Unfortunately, no data transmission over the Internet can be guaranteed as completely secure. So while we strive to protect such information, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once any personal information comes into our possession, we will take reasonable steps to protect that information from misuse and loss and from unauthorised access, modification or disclosure.
For example, your personal information may be stored either in hard copy documents or as electronic data in our software or systems. We use locks and security systems to physically protect your personal information and firewalls and other security systems to control access to our computer systems.
Access to information
Toomey Pegg will, on request, provide you with access to your personal information unless an exemption under the Act applies. Should you wish to access your personal information, please provide us with as much detail as you can about the particular information you seek, in order to help us retrieve it and identify you. We may recover from you our reasonable costs of providing you with access. If we refuse to provide you with access to your personal information, we will inform you of the reasons why we have denied you access.
Keeping your personal information up-to-date
Toomey Pegg takes reasonable steps to make sure that the personal information it collects, uses or discloses is accurate, complete and up-to-date.
Should the personal information we hold about you be inaccurate, incomplete or out-of-date, please advise us by one of the following methods and we will take reasonable steps to correct that information:
||+61 2 8297 1000
||+61 2 9262 1775
Level 8, 50 Carrington Street,
Sydney NSW 2000
If we disagree with you about whether the information is accurate, complete or up-to-date, and you ask us to associate with the information a statement damning me information is not accurate, complete or up-to-date, we will take reasonable steps to do so.
Transfer of information overseas
Toomey Pegg may transfer personal information about you to someone overseas with your consent for the purposes of providing you or your organisation with legal advice, making offers of employment or for employment purposes; receiving services from you or the organisation which employs you, advising you of legal developments, invoicing you or sending you invoice reminder notices.
If you have any questions or feedback about this Policy, or you wish to make a complaint about the way in which we have handled your personal information, you may advise us using any of the ways set out above.
top of page