Her Lawyer Privacy Policy

This is the Privacy Policy of Her Lawyer Pty Ltd trading as Her Lawyer (ACN 634 046 281) and operating the website www.herlawyer.com.au (“I”, “we”, “me”, “us” and when relating to me or us, “our” or “my”).

We are committed to protecting the privacy of our contacts, customers, suppliers and employees (“you” and when relating to you, “your”) and complying with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (Privacy Act).

In this policy, we describe how we manage your personal information, including personal information that we collect through our website.

This Privacy Policy is supplemented by any further lawyer-client agreement and any professional duties, including the duty of confidentiality.

Please read this Privacy Policy carefully and contact us using the details below if you have any questions.

By providing us with personal information, you indicate that you have had sufficient opportunity to access this Privacy Policy and that you have read and accepted it.

1.            The kinds of personal information we collect

The kinds of personal information that we collect include:

• contact details such as name, role or position, business name, residential and postal address, email address, URL, mobile number, landline number, fax number and Skype contact;
• information relating to your circumstances and affairs relevant to the matter/s in which we are instructed;
• information about your legal interests and requirements and the legal services that you may wish to purchase;
• information about your experience and satisfaction with legal products and/or services that you have purchased from us or others;
• information regarding our communications with you and your attendance at seminars and promotional events held by us;
• if you are an employee or prospective employee, information about your qualifications, skills and work experience;
• if you are a supplier or prospective supplier, information about your business skills, services, products and prices; and
• statistical information regarding views, access and use of our website or other services by our customers.

2.           How we collect personal information

1. We collect personal information by various means including when:

   • you contact us with a question or inquiry;
   • you subscribe to our newsletter or legal updates service;
   • you provide your email address to access a download or other document provided by us electronically;
   • you attend a seminar or event where we are hosting or presenting;
   • you instruct us to act for you and we open a file and conduct a conflict check;
   • our clients provide us with information about related or adverse parties relevant to the advice or services we are providing;
   • we undertake a search or investigation;
   • you visit our website.
2. Where practicable, we collect personal information about you directly from you. However, we may collect information about you from a third party such as a client, a third-party information provider, the courts or a person responding to our questions or inquiries. If we receive your personal information from third parties, we will protect it as set out in this Privacy Policy.
3. We are required to collect the full name and address of our clients by the Legal Profession Uniform General Rules 2015 made under the Legal Profession Uniform Law (NSW). Accurate name and address information must also be collected to comply with the trust account recordkeeping requirements in the Legal Profession Uniform Law (NSW) and to comply with our duty to the courts.
4. If you are a client and do not provide us with name and address information we cannot act for you.
5. If you do not provide us with accurate personal information we may not be able to carry out our instructions or achieve the purpose for which the information has been sought.
6. If you do not wish to provide personal information to us when using our website, then you do not have to do so, however, it may affect your use of the website or any products and services offered on it.

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

1. We collect, hold, use and personal information to:
   • contact and communicate with you, including by responding to your enquiries;
   • provide legal services;
   • maintain internal records;
   • employ competent and diligent staff;
   • monitor or improve the use of and satisfaction with our legal services; and
   • market to you, including letting you know about legal developments, our expertise, legal services and special offers that may be of interest to you.
2. We disclose personal information for purposes including:
   • to provide our products and services to you
   • to carry out your instructions as our client; and
   • as required by law. and
   • when using services in support of our legal practice, subject to our confidentiality obligations.
3. Where we disclose your personal information to third parties for the purposes referred to above, we will request that the third party follow this or a similar Privacy Policy regarding the handling of your personal information.

4.           The parties to whom your personal information is disclosed

1. Subject to our confidentiality obligations, we may share some relevant personal information with:
   • parties related to a matter you have with us, government authorities and service providers as reasonably required to carry out your instructions;
   • our e-mail marketing provider for the purposes of providing you with our newsletter, invitations and legal updates; and
   • third party service providers who assist us with archival, auditing, accounting, legal, business consulting, website, design or technology services.
2.  We also will disclose your information if required by law to do so or in circumstances permitted by the Privacy Act – for example, in response to a subpoena, discovery request or a court order, or where we have reasonable grounds to suspect that unlawful activity or misconduct of a serious nature that relates to our functions or activities has been, is being or may be engaged in.

5.           Disclosure of information outside the jurisdiction of collection

Some of the third parties described above including our service providers and related bodies corporate may be in countries other than Australia, including the United States, the Philippines, India, China, Singapore or other countries in Europe and Asia.

6.           Opting out of marketing communications

We may, from time to time, send you newsletters, invitations and legal updates about our services. You can opt out of receiving further such communications by notifying us using our contact details below or by clicking the “Unsubscribe” option at the bottom of any marketing e-mail received from us.

7.           Security

1. We take reasonable physical, technical and administrative safeguards to protect your personal information from misuse, interference, loss, and unauthorised access, modification and disclosure. For example, we:
   • maintain our files in a secure office;
   • have strict password protocols to protect access to electronic documents;
   • store electronic data on reputable third-party storage providers with appropriate security protections against unauthorised access to data;
   • limit access to personal information to individuals with a need to know; and
   • protect devices that we use to collect, store and access personal information with industry-standard antivirus and malware software.
2. Our website is secure and safety assured by VentraIP.

8.           Access/correction/updating personal information

1. If you believe that any personal information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, you can contact us to access, correct or update your personal information.
2. Unless we are subject to confidentiality obligation or some other restriction on giving access to the information and we are permitted to refuse you access under the Privacy Act, we will endeavour to make your information available to you within 30 days, or such other reasonable time as the circumstances permit. Examples of circumstances where we may refuse to give you access to your personal information include where:
   • giving access would be unlawful;
   • we reasonably believe that giving you access would pose a serious threat to the life, health or safety of any individual or to public health or public safety;
   • giving access would have an unreasonable impact on the privacy of others;
   • the information could reveal the intentions of a party in negotiations;
   • giving access could prejudice the taking of appropriate action in relation to unlawful activity;
   • giving access could reveal evaluative information in a commercially sensitive decision-making process.
3. If you request to correct your personal information, we will endeavour to promptly correct any information found to be inaccurate, incomplete or out of date, or, if we consider more appropriate, note your request for amendment of the information on your record.
4. We will not charge you to make a request to access your record but we may charge an administrative fee for access, depending on the costs associated with obtaining and providing the material.
5. These actions can be taken by contacting us using the contact information on the “Contact Us” section below.

9.           Notification of Changes

If we decide to change our Privacy Policy, we will post a copy of our revised policy on our website or otherwise make a copy of it available to you.

10.         Complaints / Contact us

For any questions or notice, or if you believe that we have breached this Privacy Policy or the Australian Privacy Principles, please contact us using the following details: