Throughout this Policy, we refer to your "personal information" which means information about you which makes your identity apparent or reasonably identifiable. For example, your name, home address and home telephone number. Any reference to "we", "us" or "our" means Toomey Pegg.
We will post changes to this Policy on our website www.toomeypegg.com.au (Website). We therefore encourage you to check the Policy from time to time.
2. What personal information do we collect?
We may collect the following types of personal information:
mailing or street address;
telephone and other contact details;
age or date of birth;
job title or position and employment history;
if necessary to advise you, financial information;
your device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;
details of the services we have provided to you or that you have enquired about, including any additional information necessary to deliver those services and respond to your enquiries;
any other personal information that may be required in order to facilitate your dealings with us.
In certain circumstances, we may also collect sensitive information about you, including:
your membership of a professional or trade association;
your religious beliefs or affiliations;
your racial or ethnic origin;
your health information;
3. How do we collect and hold personal information?
Toomey Pegg may collect information about you through our Website, under any agreement or arrangement or from you or other sources. We may collect this information when:
you communicate with us through correspondence, conversations and meetings or when you share information with us by other means;
you interact with our sites, services, content and advertising;
we collect information from third parties, including through subpoenas and discovery;
we conduct research (including market research), planning, service development, security, testing and risk management;
4. Why do we collect, use and disclose personal information?
We may collect, hold, use and disclose your personal information for the following purposes:
to provide or market our services to you;
to enable us to act for you effectively;
to comply with our legal obligations;
to consider your employment application; or
in connection with the operation, administration, development or enhancement of our Website.
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.
5. How do we use and disclose 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 which 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 and the Spam Act 2003, 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.
6. Disclosure to third parties
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.
7. Toomey Pegg's duty of confidentiality and obligations of non-disclosure
In addition to the Act, the Legal Profession Uniform Law Australian Solicitor's Conduct Rules 2015 (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 Uniform Law Australian Solicitor's Conduct Rules 2015.
In many cases, information which Toomey Pegg holds will be subject to legal professional privilege and will therefore not be liable to disclosure.
8. 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.
We may also disclose personal information outside of Australia to countries where our cloud providers are located.
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.
11. 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.
12. 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 and we will take reasonable steps to correct that information.
13. Making a complaint
Any concerns about the way we have handled personal information should be directed in writing to us. We consider all complaints and respond by taking any reasonable steps we consider necessary. We will notify you of our response. If you are not satisfied with our response, you may complain to the Australian Information Commissioner:
Street Address: Level 3, 175 Pitt Street, Sydney 2000
Mailing address: GPO Box 5218, Sydney NSW 2001
Fax: +61 2 9284 9666