Tyndall & Co. – Privacy Policy and Terms of Use of Website- Australia and overseas
Privacy Policy
This is the Privacy Policy of our firm Tyndall & Co. ® ABN 89 626 592 724. We are a multidisciplinary firm: an Australian and international law firm, world-wide Australian migration agent (Migration Agent Registration Number MARN: 1170349) and a management consultant.
We are committed to protecting the privacy of our contacts, customers, suppliers and employees and complying with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (Privacy Act); and where we work overseas in the EEA/EU with the General Data Protection Regulation (GDPR); the UK’s Data Protection Act 2018 (DPAUK); and Hong Kong’s Personal Data (Privacy) Ordinance (Cap. 486) (PDPO).
We acknowledge and adhere to the principles established in the Universal Declaration of Human Rights (UDHR) that “Privacy” is a fundamental human right. Article 12 states: ‘No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.’We take your privacy as a human right very seriously.
In this policy we describe how we manage your personal information.
1. The kinds of personal information we collect
The kinds of personal information that we collect include:
(a) contact details such as name, role or position, address, email address, mobile number, landline number and fax number;
(b) information relating to your circumstances and affairs relevant to the matter/s in which we are instructed;
(c) information about your legal and financial interests and requirements and the legal, financial or management services that you may wish to purchase;
(d) information regarding our communications with you and your attendance at seminars and promotional events held by us;
(e) if you are an employee or prospective employee, information about your qualifications, skills and work experience;
(f) if you are a supplier or prospective supplier, information about your business skills, services, products and prices;
(g) our website collects statistical information for third parties which may include Google Analytics, Twitter, Facebook, LinkedIn and other social media regarding views, access, use by our customers but not regarding identified or identifiable individuals. However, you can handle them and not accept them at your option through your own browser settings.
2. How we collect personal information
2.1 We collect personal information by various means including when:
(a) you contact us with a question or inquiry;
(b) you subscribe to our newsletter or legal, migration or management updates service;
(c) you attend a seminar or event where we are hosting or presenting;
(d) you instruct us to act for you and we open a file and conduct a conflict check;
(e) our clients provide information relating to related and adverse parties relevant to the advice or services we are providing, or those related parties provide that information and share it with us;
(f) we undertake a search or investigation;
(g) you visit our website and visit social media links.
2.2 Where practicable we collect personal information about you directly from you. However, we may have collected information about you from a third party such as a client, another party to the retainer, a third-party information provider, the courts or a person responding to our questions or inquiries.
2.3 We are required to collect the full name and address of our clients by the Solicitors Rules made under the Legal Profession Act 2004 (NSW). Accurate name and address information must also be collected in order to comply with the trust account record keeping requirements in the Legal Profession Regulation 2005 (NSW) and to comply with our duty to the courts.
2.4 We are also required by best practice principles to identify our clients with Know Your Client or “KYC” identification documentation, and collect that information, in accordance with Anti-Money Laundering “AML” and Counter Terrorism Financing “CTF” principles, which this firm supports.
2.5 If you are a prospective client and do not provide us with name and address information or KYC identification documentation we cannot act for you.
2.6 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.
2.6 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.
3.0 The purposes for which we collect, hold, use and disclose personal information
3.1 We collect, hold, use and personal information in order to:
(a) respond to your enquiries;
(b) provide legal, financial, migration or management services;
(c) employ competent and diligent personnel;
(d) monitor or improve the use of and satisfaction with our legal, financial, migration or management services; and
(e) let you know about legal developments, our expertise and legal, financial, migration or management services that may be of interest to you.
3.2 We disclose personal information:
(a) in order to carry out the instructions of our clients; and
(b) subject to our confidentiality obligations, when using services in support of our legal practice including financial services, migration practice and management consulting.
4. The parties to whom your personal information is disclosed
4.1 Subject to our confidentiality obligations, we may share some relevant personal information with:
(a) parties related to a matter you have with us, government authorities and service providers as reasonably required to carry out your instructions;
(b) our e-mail marketing provider for the purposes of providing you our newsletter, invitations and legal updates; and
(c) third party service providers who assist us with archival, auditing, accounting, legal, business consulting, data storage or transmission, website or technology services.
4.2 We also will disclose your information if required by law to do so or in circumstances permitted by the Privacy Act– for example, 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, in response to a subpoena, discovery request or a court order.
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 the UK, the EU/EEA, Switzerland, Hong Kong, the USA, Canada, Singapore, Cayman Islands, British Virgin Islands, Belize and Russia.
6. Opting out of marketing communications
We may, from time to time, send you newsletters, invitations and legal, financial, migration or management updates about our services. You can opt out of receiving further such communications by notifying us using our contact details below by clicking the “unsubscribe” option at the bottom of any marketing e-mail received from us.
7. Security
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 secure offices and locations and limit access to personal information to individuals with a need to know.
8. Access/correction/updating personal information
8.1 You can contact us to access, correct or update your personal information. 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. Examples of circumstances where we may refuse to give you access to your personal information include where:
(a) giving access would be unlawful;
(b) 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;
(c) giving access would have an unreasonable impact on the privacy of others;
(d) the information could reveal the intentions of a party in negotiations;
(e) giving access could prejudice the taking of appropriate action in relation to unlawful activity;
(f) giving access could reveal evaluative information in a commercially sensitive decision-making process.
8.2 If you request to correct your personal information, we will correct, or, if we consider more appropriate, note your request for amendment of the information on your record.
8.3 We will not charge you to make a request to access your records, but we may charge you to actually provide access depending on the costs associated with obtaining and providing the material.
8.4 These actions can usually be taken by contacting a customer relations representative using the contact information on the “Contact Us” section below.
9. How long is your data held?
Under the GDPR we maintain duties to you as our client to retain and store your data no longer than is necessary for the purposes of which the information is processed. If necessary, your information will be stored for a period of time for archiving purposes. We will ensure that the record is protected by security safeguards to restrict unauthorised access, modification, disclosure or misuse.
10. Notification of Changes
if we decide to change our Privacy Policy, we will send you a copy of our revised policy or post a copy on our website.
11. Complaints / Contact us
breach of this Privacy Policy occurs, a complaint may be made to us by sending it to:
Tyndall & Co.
PO Box 1331
Byron Bay, NSW 2481 Australia
Attention: The Privacy Officer
or by calling +61 2 6685 5004
We will endeavour to respond to any complaint within 30 days. If you are not satisfied with our response to your complaint you may seek a review by contacting the Office of the Australian Information Commissioner using the information available at http://www.oaic.gov.au/privacy/privacy-complaints
Terms of Use of Website
12. General disclaimer
The articles and content of our website are provided for general information only and research purposes. This is not intended as advice.This is not an offer to provide legal services, migration advice or financial services. The legal articles published contain comment only and not legal advice, for which you should retain a solicitor. No responsibility is accepted for the accuracy of contents. We suggest that you obtain individual advice from qualified persons in your jurisdiction.
13. Intellectual property rights
We reserve all rights, including copyright, in the works on our website and the content published on it.
