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At Boulton Cleary and Kern we seek to provide the best possible legal service to ensure your legal needs are properly addressed. In order to achieve this aim Boulton Cleary and Kern may need to collect personal information about the circumstances surrounding your legal matter and personal information about yourself.
It is important for us to ensure that you are confident that any personal information you provide to us is treated in the appropriate manner and with the appropriate degree of privacy.
Boulton Cleary and Kern offers wide and diverse expertise in all areas of law and the services it provides to you will dictate the types of personal information which may be necessary for us to collect.
What Does "Personal Information" Mean?
Personal information means information or an opinion that identifies you or allows your identity to be readily worked out from the information. It includes information such as your name, address, financial information, marital status or billing details. By collecting this personal information, we are able to:-
- identify the issues of your particular matter;
- provide the appropriate level of advice relating to that matter;
- contact you when and where necessary;
- ensure that you attain the best possible service and advice; and
- identify you and protect you from any unauthorised access to your personal information.
How Boulton Cleary and Kern collect your personal information
We will always collect your personal information directly from you where possible. Where we are unable to obtain that personal information directly from you we will obtain your consent before information is obtained from another party.
Collection of your personal information may occur in a number of ways including:
- taking instructions from you;
- contact with a financial institution, medical provider or any other party, on your behalf, and at your request, to obtain such information; and
- from another party during the course of legal proceedings.
Specifically, personal information is collected during the course of our relationship with you. Personal information may also be collected when you provide us with further instructions to act on your behalf in other matters. Boulton Cleary & Kern only allows personal information which is necessary to progress your legal matter.
It may occur that personal information may be collected by Boulton Cleary and Kern from other sources without your direct knowledge. Examples of this may be where funds are transferred from your bank account into our Trust account and your bank account details are advised to us.
Where possible we will require you to specifically consent to any use or disclosure of your personal information. Your consent will usually be required in writing however where necessary Boulton Cleary and Kern may accept your verbal consent to disclose particular information in the conduct of your legal matter.
Your consent may also be implied from the particular legal matter we are dealing with on your behalf. This may occur in circumstances such as where we are undertaking conveyancing matters for you or where we are required to negotiate with your financier as to settlement figures and cash requirements. It may also arise with respect to matters involving personal injury, wills, powers of attorney, estates, litigation and commercial transactions.
Regardless of how your personal information is collected and whether it is through implied or actual consent, Boulton Cleary and Kern will deal with your personal information in accordance with this privacy policy.
Disclosure of your Personal Information
Boulton Cleary and Kern may need to disclose your personal information in certain circumstances. For example, your personal information may be required to be disclosed in response to a subpoena or a direction from the Court.
It may also be necessary to disclose some of your personal information included on documents filed on your behalf in Government departments or in Court. Boulton Cleary and Kern may disclose your personal information where you have consented to us doing so in furtherance of your legal matter. Your consent to the disclosure of your personal information may be given expressly, or it may be implied from your conduct and interaction with Boulton Cleary and Kern during the normal progression of your matter.
Boulton Cleary and Kern will, at all times, attempt to ensure that we do not disclose your personal information to a party outside the firm where consent for such disclosure has not been given. In all cases where Boulton Cleary and Kern may be required to disclose information that is outside the scope of our retainer, then we will attempt to obtain your direct consent for such disclosure.
Some examples of parties outside Boulton Cleary and Kern to whom we may be required to disclose your personal information, and the reasons for disclosure, are:-
1. insurance companies to ensure that policy claims are accurate.
2. Government authorities and agencies in respect to any claims for WorkCover, child support, financial assistance and alike.
3. mortgagees, mortgage insurers and banks for the purposes of establishing, discharging or insuring your mortgage.
4. Barristers who may have been retained in respect of your legal matter.
- medical or any other experts who may be required to provide a report on your matter.
- Solicitors within the firm other than those with the day to day conduct of your file, engaged to assist in the progression of your matter.
- recipients of Court documents in the normal course of pleadings.
Ensuring your Personal Information is Current
The effective and proper maintenance of your legal matter can only occur when the personal information which we hold is current and up to date. In this regard it is important that, during the course of your relationship with Boulton Cleary & Kern, you notify us of any changes to your personal information which we hold. This includes your contact details and any matter that may be material to the furtherance of your retainer with us.
The Security of your Personal Information
Boulton Cleary and Kern prides itself on its secure handling of the personal information of its clients. Boulton Cleary and Kern will take all reasonable precautions to safeguard personal information which is held by us, either on file or on computer, from loss, misuse, unauthorised access, modification or disclosure.
To ensure that your personal information is secure, Boulton Cleary and Kern employ a number of means, these include:-
- external and internal premises security;
- the requirement for all employees to enter into a confidentiality agreements;
- computer firewall protection;
- restricted access to personal files and information;
- up to date technology and computer maintenance to prevent unauthorised access;
- document handling and shredding procedures with respect to personal information; and
- limited access to your personal information.
Where Boulton Cleary and Kern no longer require your personal information and the retainer has been completed, your file will be held in archives for a period of seven (7) years and then securely destroyed. The information will also be deleted from our main computer system.
Access to your Personal Information
At any time you may give notice to Boulton Cleary and Kern that you wish to access your personal information that we hold.
In order that this information is made available to you, some notice is required so that we may have the documentation ready for your inspection. Where the information is held in security, Boulton Cleary and Kern reserves the right to charge a fee to cover the cost of retrieval and supply of the information to you. However we will endeavour at all times to ensure that the cost of such retrieval and supply is reasonable.
Boulton Cleary and Kern will endeavour to handle all requests for access to personal information as quickly as possible and provide that information to you within seven (7) days of receipt of that request. However, some requests may take longer to process due to the substantial amount of documents held by the firm in respect to some matters.
You may only access your own personal information. Any personal information held on your file, in respect of any other person, will not be disclosed to you.
Boulton Cleary and Kern retain the right to deny access to personal information where the information may relate to existing or anticipated legal proceedings between Boulton Cleary & Kern and you or where access may be regarded as frivolous or vexatious. Boulton Cleary and Kern is also under obligations by law, in some circumstances, to deny access to your personal information.
Where Boulton Cleary and Kern have denied you access to your personal information, reasons for that denial will be provided.
Should you wish to access your personal information, please contact Boulton Cleary and Kern on (07) 4772 9200, and advise us of your request. In accessing your personal information, Boulton Cleary and Kern will require you to sign a document stating that you have accessed your personal information.
Sensitive Information
Certain information which may be collected by Boulton Cleary and Kern will be regarded as sensitive information. The disclosure of sensitive information can only be made by Boulton Cleary and Kern with your direct consent, where it is required to establish or defend a legal claim or required by law to be disclosed. Some examples of sensitive information include:-
- sexual preferences or practices;
- criminal record;
- health;
- membership of trade union;
- membership of professional trade association;
- philosophical beliefs;
- membership of political association;
- religious beliefs or affiliations;
- political opinions;
- racial or ethnic origin;
- financial circumstances.
Your Personal Information On-Line
Boulton Cleary and Kern prides itself on the maintenance of up to date and technologically advanced computer systems. Our computers are continually being updated to maintain their security and are regularly audited and tested by external experts to ensure that any breaches of security, potential or actual, may be identified and rectified.
Boulton Cleary and Kern will correspond with you via email where you consent to that occurring. Email may not be a secure way to communicate your personal information to us and as such that personal information should be delivered through secure means.
Direct Marketing
Boulton Cleary and Kern may from time to time use your personal information, such as your address or contact details to provide you with information about other services that Boulton Cleary and Kern offer.
If at any time you do not wish to receive any information about these services please feel free to contact us on (07) 4772 9200 and we will not send you any further material.
Boulton Cleary and Kern will not disclose your personal information to any party outside the firm except for the purposes of furthering your legal matter, or where the law requires us to so provide your personal information.
Please be aware that Lawyer - Client confidentiality still exists notwithstanding any legal requirement to provide information, and information provided to us by yourself is confidential.
Complaints about Breaches of Privacy
If at any time you believe that Boulton Cleary and Kern has wrongfully disclosed your personal information or has breached this Privacy Policy then you may lodge a complaint with Boulton Cleary and Kern in one of the following ways:-
- by telephoning (07) 4772 9200; or
- by writing to Boulton Cleary and Kern at PO Box 1099, Townsville, Qld, 4810.
If you are not satisfied with the response that you receive from Boulton Cleary and Kern then you may contact the Federal Privacy Commissioner in one of the following ways:-
- by telephoning 1300 363 992; or
- by completing a Complaints Form from the Office of the Privacy Commissioner online at www.privacy.gov.au and sending it:-
- by mail to GPO Box 5218, Sydney, NSW, 2001or
- by facsimile to (02) 9284 9666
Changes in the Privacy Policy
Boulton Cleary and Kern are constantly monitoring regulations, policies and procedures to ensure that it is up to date with all current changes in the law and market practices. As a consequence of this Boulton Cleary and Kern may change this Privacy Policy from time to time.
This Privacy Policy was last amended on 30 September 2008 by Renae Stocks. |
