Privacy Policy

Last updated:

1. About this policy

Assure Lawyers Pty Ltd (ABN 89 620 718 550) (“Assure Lawyers”, “we”, “us” or “our”) is committed to protecting the privacy and confidentiality of the personal information entrusted to us.

This Privacy Policy explains how we collect, hold, use and disclose personal information about our clients, prospective clients, website users and other individuals with whom we deal.

We handle personal information in accordance with the Privacy Act 1988 (Cth), including the Australian Privacy Principles (APPs), where applicable, as well as our professional, ethical and confidentiality obligations as a legal practice.

Our obligations of confidentiality and legal professional privilege are separate from, and operate in addition to, our privacy obligations.

2. Personal information we collect

The personal information we collect will depend on your relationship with us and the nature of the legal services we provide. This may include:

  • your name, address, telephone number, email address and date of birth;
  • identification information, including details contained in passports, driver licences and other identity documents;
  • information required to verify your identity;
  • financial information, including bank account details, asset and liability information, transaction details and source of funds information;
  • property, company, trust and business information;
  • employment and professional information;
  • family and relationship information;
  • information about legal proceedings, disputes or transactions;
  • correspondence and communications with you and others relating to your matter;
  • billing, payment and trust account information;
  • information obtained through searches of government, property, corporate or other registers; and
  • any other information reasonably necessary for us to provide legal services or comply with our legal and professional obligations.

We may also collect sensitive information where it is relevant to your matter. This may include health information, criminal record information, racial or ethnic origin, religious beliefs or other information classified as sensitive information under the Privacy Act.

We will only collect sensitive information where it is reasonably necessary for our functions or activities and where you have consented to its collection, or where collection is otherwise authorised or required by law.

3. Identity verification and regulatory information

We may be required to collect and verify information about your identity before or during the course of providing legal services.

Depending on the services we provide, this may include information about:

  • your identity and residential address;
  • the identity of directors, shareholders, trustees, beneficiaries or beneficial owners;
  • the ownership and control of companies, trusts or other entities;
  • the source of funds or source of wealth associated with a transaction; and
  • other information required for customer due diligence, risk assessment, fraud prevention, sanctions screening, anti-money laundering or counter-terrorism financing purposes.

We may collect, use, retain and disclose this information where required or permitted under applicable laws, including the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).

4. How we collect personal information

Where practicable, we collect personal information directly from you.

Information may be provided to us:

  • in person;
  • by telephone, email or correspondence;
  • through our website or online forms;
  • through identification or verification platforms;
  • through documents you provide to us; or
  • during meetings, conferences or other communications.

We may also obtain information from third parties where reasonably necessary for your matter or our professional obligations. These parties may include:

  • your accountants, financial advisers, brokers or other professional advisers;
  • other lawyers and legal representatives;
  • counterparties to a transaction or dispute;
  • courts and tribunals;
  • government departments and regulators;
  • land titles, corporate and other public registers;
  • banks and financial institutions;
  • identity verification and search providers;
  • barristers, experts and consultants;
  • referrers; and
  • other persons authorised by you.

We may also receive unsolicited personal information. Where we are not permitted or required to retain that information, we will take reasonable steps to destroy or de-identify it.

5. Why we collect, hold and use personal information

We may collect, hold and use personal information for purposes including:

  • considering whether we are able to act for you;
  • conducting conflict checks;
  • opening and managing your matter;
  • providing legal advice and legal services;
  • communicating with you and others in connection with your matter;
  • verifying identity and conducting regulatory or compliance checks;
  • preparing, reviewing, negotiating and completing legal documents;
  • conducting property, company and other searches;
  • managing settlements and transactions;
  • administering trust money where applicable;
  • issuing invoices and managing payments;
  • managing our professional obligations, insurance and risk;
  • responding to complaints or disputes;
  • maintaining our records and client files;
  • complying with court orders, legislation, professional rules and regulatory requirements;
  • improving our systems, services and business operations; and
  • communicating information about our services where permitted by law.

We will not use or disclose your personal information for a purpose unrelated to the purpose for which it was collected unless you have consented to that use or disclosure or it is otherwise permitted or required by law.

6. Who we may disclose personal information to

Where reasonably necessary for our work or permitted or required by law, we may disclose personal information to:

  • courts and tribunals;
  • government departments, regulators and law enforcement agencies;
  • AUSTRAC and other regulatory bodies where required;
  • barristers and other legal practitioners;
  • accountants, financial advisers, brokers, valuers and other professional advisers;
  • experts, consultants and witnesses;
  • banks and financial institutions;
  • property, company and government registry operators;
  • electronic conveyancing and settlement service providers;
  • identity verification, verification-of-identity and search providers;
  • our insurers, auditors and professional advisers;
  • technology, cloud storage, cybersecurity, document management and practice management providers;
  • contractors and service providers assisting us in operating the practice; and
  • any other person authorised by you or to whom disclosure is required or permitted by law.

When engaging service providers, we take reasonable steps appropriate to the circumstances to protect the confidentiality and security of personal information.

7. Direct marketing

From time to time, we may send information about legal developments, our services or other information that we reasonably believe may be relevant to you where permitted by law.

You may opt out of receiving marketing communications from us at any time by:

We will not charge you for opting out and will action your request within a reasonable period.

Opting out of marketing communications will not prevent us from sending communications that are necessary in connection with a current or former legal matter, account or professional obligation.

8. Overseas disclosure

Some of the technology, cloud, software and service providers we use may store, process or provide access to personal information outside Australia.

Where personal information is likely to be disclosed to overseas recipients, those recipients may be located in: United States, New Zealand, United Kingdom or other locations used by the firm's technology providers.

Where required, we take reasonable steps to ensure overseas recipients handle personal information consistently with applicable Australian privacy requirements.

The location of technology infrastructure and service providers may change from time to time.

9. Storage and security

We may hold personal information electronically and, where applicable, in physical form.

Information may be stored in:

  • our practice management systems;
  • document management systems;
  • secure cloud services;
  • email and communication systems;
  • accounting and trust accounting systems; and
  • physical client files.

We take reasonable technical and organisational measures to protect personal information from misuse, interference, loss and unauthorised access, modification or disclosure.

These measures may include access controls, password protection, multi-factor authentication, cybersecurity systems, secure storage and restrictions on access to client information.

No electronic system is completely secure. If we become aware of a data breach, we will investigate and respond in accordance with our legal obligations.

Where the Notifiable Data Breaches scheme applies and a breach is likely to result in serious harm, we will notify affected individuals and the Office of the Australian Information Commissioner where required.

10. Retention of information and client files

We retain personal information and client files for as long as reasonably necessary to provide our services and meet our legal, professional, regulatory, insurance and record-keeping obligations.

As a general rule, client files and documents may be retained for at least seven years after completion or termination of our engagement, unless a longer or shorter period applies because of:

  • legislation or regulatory requirements;
  • the nature of the matter;
  • client instructions;
  • legal proceedings or potential claims; or
  • another legal or professional obligation.

When personal information is no longer required and we are not legally or professionally required to retain it, we take reasonable steps to securely destroy or de-identify it.

11. Website, cookies and analytics

When you use our website, certain technical information may be collected automatically, including your IP address, browser type, device information, pages viewed and the date and time of your visit.

Our website may use cookies and similar technologies to:

  • enable website functionality;
  • understand how visitors use the website;
  • improve website performance and user experience; and
  • measure website traffic.

12. Links to other websites

Our website may contain links to websites operated by third parties.

We are not responsible for the content, security or privacy practices of those websites. You should review the privacy policy of any third-party website before providing personal information through it.

13. Remaining anonymous or using a pseudonym

Where lawful and practicable, you may deal with us anonymously or using a pseudonym.

However, because of the nature of legal services and our professional, identification, conflict-checking and regulatory obligations, it will generally be impracticable for us to provide legal services without knowing your identity.

14. Accessing and correcting your personal information

You may request access to personal information we hold about you or ask us to correct information that you believe is inaccurate, out of date, incomplete, irrelevant or misleading.

Requests can be made by contacting: legal@assurelawyers.com.au

We may need to verify your identity before providing access to personal information.

We will respond to access and correction requests within a reasonable period and will generally aim to respond within 30 calendar days.

There may be circumstances in which we are permitted or required to refuse access to some information. This may include circumstances involving legal professional privilege, confidentiality obligations, the privacy of another person or another exception permitted by law.

If we refuse a request, we will provide written reasons where required by law.

We do not charge for making a request to correct personal information. Where permitted by law, we may charge reasonable costs associated with providing access to personal information and will advise you of any proposed charge beforehand.

15. Privacy complaints

If you believe we have not handled your personal information appropriately or have breached an applicable privacy obligation, please contact us at legal@assurelawyers.com.au.

Please provide enough information for us to understand the nature of your concern and how you would like it addressed.

We will:

  • acknowledge your complaint as soon as reasonably practicable;
  • investigate the circumstances;
  • contact you if we require further information; and
  • aim to provide a substantive response within 30 calendar days.

If you are not satisfied with our response, you may be entitled to lodge a complaint with the Office of the Australian Information Commissioner (OAIC).

Further information is available at www.oaic.gov.au or by telephone on 1300 363 992.

A complaint concerning our legal services, legal costs or professional conduct may be subject to a separate complaints process and may also be capable of being referred to the relevant legal services regulator.

16. Changes to this Privacy Policy

We may amend this Privacy Policy from time to time to reflect changes to our practices, technology, services or legal obligations.

The current version will be published on our website and will show the date on which it was last updated.

17. Contact us

If you have any questions about this Privacy Policy or how we handle personal information, please contact:

Assure Lawyers Pty Ltd
Email: legal@assurelawyers.com.au
55/25 Spring Street, Bondi Junction NSW 2022