Privacy Policy

We are committed to providing quality legal services to our clients. As part of this commitment, we ensure compliance with the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (Privacy Law) and with our obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (AML/CTF Act).

This Privacy Policy outlines how we collect, hold, use and disclose Personal Information in accordance with Privacy Law and our obligations under the AML/CTF Act.

This Policy applies to all clients, prospective clients, and third parties whose Personal Information we collect in the course of providing legal services.

Privacy Law and Personal Information

Personal Information is any information or opinion about an identified individual or an individual who is reasonably identifiable, whether true or not and whether recorded in material form or not.

We may collect Personal Information such as your name, contact information, billing information and employment details. If we need to verify your identity or authority to act, we may collect your identification documents, such as a copy of your Australian drivers’ licence, passport, marriage or birth certificate. If you apply for a job with us, we may collect Personal Information such as your education and employment details. If you attend or register for an event hosted by us, we may collect your name, contact details, employer, dietary requirements and other details you provide to us in connection with that event.

You may request not to identify yourself or to use a pseudonym when dealing with us. However, this may mean it is not practicable or feasible for us to provide our services to you.

Collection of Personal Information

We only collect Personal Information that is reasonably necessary for, or directly related to, the functions and activities of our legal and conveyancing services. We usually collect Personal Information directly from you or your authorised representatives, such as:

  • when you submit Personal Information to us in writing (electronically or in hard copy) or via our website;
  • when you provide Personal Information in your email sign off, on your LinkedIn page or other visible profiles; or
  • when you provide us or our staff with Personal Information over the phone, in a video call or at a face-to-face meeting.

We may also collect your Personal Information from government agencies and third parties, such as:

  • when advisers, accountants, tax agents or financiers provide Personal Information about you in relation to a mutual transaction or dealing involving you;
  • when we obtain copies of documents from a public register or regulator, including ASIC company extracts and financing statements registered on the Personal Property Securities Register; or
  • when we use recruiters and recruitment services like LinkedIn and Seek in relation to any actual or potential job application you are considering with us.

Our website may utilise cookies (small text files which are placed on your device when you visit our website). Cookies allow our website to recognise your device each time you visit our website to create a more streamlined experience and allow us to store user preferences. You can instruct your browser to reject or delete cookies.

The purposes for which we collect Personal Information are those purposes directly and indirectly related to providing legal and conveyancing services and the conduct of our business and any other purposes you may consent to.

Use and disclosure of Personal Information

We hold, use and disclose Personal Information for the purposes for which it was collected and related purposes including:

  • to provide legal and conveyancing services and for purposes directly and indirectly related to providing those services;
  • to manage our relationship with existing and potential clients, referrers and other advisers;
  • subject to our professional obligations, to any person where required in connection with our provision of legal and conveyancing services (such as regulatory authorities);
  • on a confidential basis to our insurers and external service providers so they can provide insurance, financial, administrative, information technology or other services in connection with the operation of our business;
  • to provide clients with information about legal developments, events or services that may interest them;
  • to facilitate our internal business operations including to fulfil our legal and professional obligations;
  • to market our services to clients and potential clients (unless the relevant individual has opted-out of receiving marketing communications from us);
  • to host or facilitate events relevant to our business;
  • as required or permitted under the APPs or any other applicable law (including the AML/CTF Act as described in further detail below and under property and conveyancing laws); and
  • with your consent.

We do not use, and are not likely to disclose, your Personal Information overseas. However, we may disclose your Personal Information to an overseas entity if it is necessary and relevant to the legal or conveyancing services we are providing to you or an entity related to you (such as a disclosure to an overseas adviser or regulatory body with your express or implied consent). We comply with the APPs in relation to any overseas disclosures.

Security of Personal Information

We take such steps as are reasonably necessary to ensure that Personal Information we collect, use or disclose is stored securely in electronic or hardcopy form.

Requesting access to Personal Information
If requested, we will provide access to the Personal Information we hold about you. Access may be refused in certain circumstances (such as where providing access would be likely to have an unreasonable impact on another individual’s privacy or where doing so would be inconsistent with our legal obligations, including under the AML/CTF Act).

Correcting Personal Information

We will take such steps, if any, as are reasonably necessary in the circumstances to correct any Personal Information we hold about you to ensure it is accurate, up-to-date, complete, relevant and not misleading, but we will assume that any Personal Information you provide to us is accurate, up-to-date, complete, relevant and not misleading at the time you provide it to us.
If requested, we will ensure the same with regard to Personal Information we have disclosed to third parties.

Data breach

If an eligible data breach occurs, we will notify affected individuals and the Office of the Australian Information Commissioner and make recommendations about how affected individuals can protect themselves in accordance with the Privacy Law.

AML/CTF obligations

We are required to comply with the AML/CTF Act, which is designed to detect and prevent money laundering, terrorism financing and other serious financial crime. This imposes obligations that may require us to collect, verify, use and disclose Personal Information about you, your organisation, individuals associated with your organisation, or individuals acting on your (or your organisation’s) behalf.

Collection of identification information

Before providing certain services, we are required to collect and verify information including:

  • identity information (e.g. passport, driver licence);
  • residential address;
  • date of birth;
  • beneficial ownership and control (for entities);
  • information relevant to sanctions screening and politically exposed person screening; and
  • source of funds and/or source of wealth (where required).

We may also be required to collect and verify this information during our ongoing relationship with you.

We may collect such Personal Information by carrying out searches (including by requesting identity verification service providers, credit reporting or data verification agencies to carry out AML/CTF screening activities on our behalf).

Use and disclosure

Under the AML/CTF Act, we may collect and use Personal Information where required by law and for the purpose of complying with our AML/CTF Act obligations (including to assess the risk profile of clients and matters, conduct ongoing due diligence, and monitor transactions and activities).

Under the AML/CTF Act, we may disclose your Personal Information to:

  • identity verification service providers;
  • credit reporting or data verification agencies;
  • regulatory bodies, including AUSTRAC; and
  • other third parties for the purpose of complying with AML/CTF Act obligations.

These disclosures may occur without your knowledge or consent to the extent we are unable to provide you with details of these disclosures under our AML/CTF Act obligations. In certain circumstances, we are legally prohibited from informing you that a report has been made, that a suspicion has arisen and that information has been provided to a regulator.

We will strictly comply with these legal restrictions.

Retention of Personal Information

Under the AML / CTF Act, we may be required to keep certain records for a minimum of generally 7 years.

Consequences of non-disclosure by you

If you do not provide required information, we may be unable to act for you, delay or cease providing services to you or terminate our client engagement with you.

Interaction with Privacy Law

The Privacy Law permits the collection, use and disclosure of Personal Information where required or authorised by law. Our AML/CTF Act obligations operate alongside and, where necessary, override consent-based aspects of Privacy Law.

General

Policy updates

This Privacy Policy may change from time to time; however, the most recent version is always available on our website.

Requests and complaints

If you have a request or are concerned we have breached our obligations under this Policy or the APPs, please contact us by phone on 08 8429 1400 or by email at admin@laitymorrow.com.au

We will consider any complaint and respond within 30 days.