1 Compliance with Australian Privacy Principles
(a) Bayse Law Firm Pty Ltd ACN 696 071 860 (Bayse) respects and acknowledges the importance of privacy. Bayse complies with the Australian Privacy Principles (APP) as contained within the Privacy Act 1988 (Cth) (Act), when collecting, using, disclosing and managing your personal information.
(b) This Privacy Policy contains information in relation to our management of your personal information in accordance with the APP.
(c) By using Bayse’s websites, applications and services, or by otherwise providing Bayse with your personal information, you consent to Bayse’s collection, use, disclosure and handling of that information as outlined in this Privacy Policy. If Bayse is unable to collect, use, disclose or handle your personal information as described, Bayse may not be able to provide you with access to its services, websites or applications.
(d) For the purposes of this Privacy Policy, the term “personal information” has the meaning given to it in the Act.
2 Collection of personal information
(a) Bayse may collect your personal information where:
(i) you enquire about or request Bayse to provide legal services to you or an organisation related to you;
(ii) Bayse has other dealings with you or a party related to you;
(iii) you are an employee, partner, contractor or officer of Bayse;
(iv) you subscribe to or use one of our online services, newsletters, mailings lists or visit Bayse’s website;
(v) you register for or attend one of our events, seminars or webinars; or
(vi) you enquire about, apply for or perform a role at Bayse.
(b) Bayse collects personal information through a variety of methods, which may include the following:
(i) directly from you;
(ii) from our clients, potential clients and their personnel;
(iii) from individuals, organisations and other parties in the course of acting for our clients or providing services to our clients;
(iv) from our suppliers and any personnel connected with such suppliers;
(v) from our employees, partners, contractors, former employees, contractors or partners;
(vi) from other parties who interact with Bayse.
(vii) through your access and use of Bayse’s website, software (whether third-party or otherwise) or applications (whether third-party or otherwise) made available by Bayse;
(viii) from your employer or contracting agency, your business contacts or other organisations that you deal with, regulatory or credit reporting agencies, a supplier or from a publicly available record;
(ix) through your access and/or completion of surveys commissioned by Bayse;
(x) when you subscribe to receive information from Bayse;
(xi) when you communicate with Bayse, by email, post or otherwise;
(xii) through publicly available information and databases.
(c) In the event that Bayse is unable to obtain personal information from you or if you decline to provide personal information to Bayse or intend to act anonymously, this may result in Bayse being unable to provide you with services.
3 Types of personal information and storage
(a) The type of personal information that Bayse may hold includes the following:
(i) identification information including your name, date of birth, gender, phone number, residential address, email address, and other contact information;
(ii) drivers licence and passport details and any other information which we need to identify you and/or to comply with the applicable anti-money laundering and counter-terrorism laws;
(iii) occupation, employer, username and password (where applicable), personal preferences, payment details, employment history, education and qualifications, testimonials, feedback, and other information relevant to Bayse’s business operations, service delivery, marketing activities, or legal obligations;
(iv) your or your organisation's financial or billing information, such as billing address, bank account, payment and credit card details;
(v) your approximate physical location of the devices you use to access our website;
(vi) your IP address and other device identifiers, including mobile advertising identifiers;
(vii) aggregate, anonymous, or de-identified non-personal data;
(viii) any other information provided by you in using Bayse’s services
(ix) other information that helps us to identify you or helps us to provide or improve our website.
(b) The personal information referred to in clause 3(a) above may be held by Bayse in both hardcopy files and also in an electronic form.
(c) Bayse implements a range of security measures to keep personal information it holds secure from misuse, interference, loss or unauthorised access, use or disclosure.
(d) However:
(i) Bayse cannot provide guarantees in relation to the ultimate security of personal information; and
(ii) except to the extent liability cannot be excluded due to the operation of law, Bayse excludes all liability (including in negligence) for the consequences of any unauthorised access to your personal information.
4 Use and disclosure of personal information
(a) Bayse may use your personal information to:
(i) provide legal or associated services to you or your organisation;
(ii) identify and develop new legal or associated services you or your organisation may be interested in;
(iii) send you legal updates and insights, marketing and event details and new service offerings;
(iv) comply with applicable laws;
(v) comply with court orders and to protect, exercise or defend Bayse’s legal rights; or
(vi) process and respond to your requests, enquiries or complaints.
(b) Bayse may share or disclose your information to any of the following parties:
(i) Bayse’s clients, where we have collected your personal information for the purposes of providing services to Bayse’s clients;
(ii) advisors, barristers, legal consultants and other specialists in relation to your matter;
(iii) Bayse’s insurers, financiers or professional advisors;
(iv) Bayse’s third party service providers used in conducting our business, subject to confidentiality provisions;
(v) suppliers, contractors and agents from time to time that provide services to us or help us to provide services to you;
(vi) specific third parties authorised by you to receive information held by us;
(vii) courts, regulators, law enforcement, or other parties where required or authorised by law, or for the establishment, exercise, or defence of legal claims;
(viii) other persons, including government agencies, regulatory bodies, law enforcement agencies and courts and as otherwise required or authorised by law; and
(ix) other related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth) of Bayse.
(c) Bayse may be required to disclose your personal information in order to respond to subpoenas, court orders, or to investigate, prevent, defend against, or take action regarding violations of our terms and conditions, illegal activities, suspected fraud, or situations involving potential threats to the legal rights or physical safety of any person or the security of our network, clients/users or services.
5 Cross-border disclosure of personal information
(a) Where the Act permits, Bayse may also disclose personal information to third party suppliers and service providers located overseas for some of the purposes listed above.
(b) Bayse may, from time to time, have affiliated offices operating in overseas. Bayse may send your personal information to these offices for one or more of the purposes listed in clause 4. If Bayse’s overseas offices are operated by related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth) of Bayse, Bayse will take such steps as a reasonably required to ensure that there is appropriate data handling of your personal information and proper security arrangements are in place.
(c) From time to time, Bayse may also send your personal information overseas for the following reasons:
(i) to third party service providers who store data or operate outside of Australia;
(ii) to complete a transaction involving an international financial institution; or
(iii) as required by laws and regulations of Australia or another country.
(d) Before Bayse discloses personal information about you to an overseas recipient who is not a related entity (as that term is defined in the Corporations Act 2001 (Cth) of you, Bayse will take such steps as a reasonably required to ensure that there is appropriate data handling of your personal information and proper security arrangements are in place.
6 Links to Third Party Sites
Bayse’s website, platforms digital marketing communications, and content posted on its social media accounts may contain hyperlinks to websites operated by third parties. Unless otherwise stated, Bayse is not affiliated with these third party websites and therefore is not responsible for nor has control over the content of such websites or the manner in which those third parties handle your personal information. Any personal information which may be collected by that third party will be subject to that third party's privacy policy.
7 Marketing Opt-Out
(a) Bayse may, from time to time, contact you for marketing and promotional purposes via email, mail, telephone or otherwise. The parties acknowledge that your consent is provided on an ongoing basis for such contact, unless your rights to opt out in accordance with this clause 7 have been exercised.
(b) In the event that you no longer wish to receive any promotional or marketing mail or communication from Bayse, then you may let us know and we will cease any correspondence or contact relating to these purposes.
(c) You may opt out from receiving any electronic marketing and promotional communication by following the unsubscribe instructions within any electronic communication that you have received from Bayse. Additionally, you may opt out from such communication by contacting the Privacy Officer in writing (the details of which are contained at clause 11).
(d) Unsubscribe or opt out requests originating from electronic communications shall be honoured within ten (10) business days of any such request.
(e) Any election made to not receive promotional and marketing correspondence from Bayse will not preclude Bayse from any of the following:
(i) contacting you regarding your current or past relationship with Bayse;
(ii) continuing to provide you with services where Bayse has been engaged to do so;
(iii) accessing and viewing your personal information in the course of maintaining and improving Bayse’s services, processes and systems; or
(iv) otherwise using your Personal Information in accordance with this Privacy Policy.
8 Protection of personal information
Bayse will take all reasonable steps to ensure that your personal information is properly protected from misuse, loss, unauthorised access, modification or disclosure.
9 Access to Privacy Policy
This Privacy Policy is publicly available, free of charge through Bayse’s website.
10 Change to Privacy Policy
This Privacy Policy may change from time to time as required by Bayse in order to reflect legislative changes and other changes as to how we collect, process and handle personal information. The latest version of this Privacy Policy will be posted on Bayse’s website and can be accessed on Bayse’s website free of charge. By continuing to use Bayse’s services or the website, you are taken to have accepted any changes to this Privacy Policy.
11 Accessing and requesting correction of Personal Information
(a) You are entitled to:
(i) request access to personal information we hold about you; and
(ii) ask Bayse to update or correct any information that is inaccurate, incomplete or outdated.
(b) To access, seek, correct or request personal information that Bayse holds about you, please contact us at:
The Privacy Officer
02 9164 2062
(c) In the event that access to personal information is requested, Bayse will endeavour to respond to that request as soon as reasonably practicable if and to the extent required by the applicable law.
(d) If Bayse is unable to give you access, or if Bayse declines to amend your personal information, Bayse will issue a written notice that describes our reasoning for doing so. Bayse notes that before providing you with any personal information Bayse will be required to verify your identity. If a fee applies for providing access, Bayse will let you know the likely cost in advance.
(e) If Bayse is unable to resolve your concerns to your satisfaction, you may contact the Office of the Australian Information Commissioner (OAIC) for further assistance:
GPO Box 5218
Sydney NSW 2001
1300 363 992
12 Resolving your concerns
(a) If you wish to make a complaint regarding that way in which Bayse manages your personal information, or that you feel that Bayse has fallen short of the required standards set by the Act, please prepare your complaint in writing and supply it to The Privacy Officer.
(b) A written acknowledgement of your complaint will be provided within 7 days, and Bayse will attempt to have your concern resolved within 30 days of receipt of your complaint.
Privacy policy.