Privacy Policy

Privacy Policy

This is the Privacy Policy of RCW Law and ABN 37 694 357 852 ("my” and "I").

I am committed to protecting the privacy of my contacts, customers, suppliers and employees ("you" and when relating to you, "your") and complying with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (Privacy Act).

In this policy I describe how I manage your personal information.

 1.     The kinds of personal information I collect

     The kinds of personal information that I 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 I are instructed;

(c)           information about your legal interests and requirements and the legal services that you may wish to purchase;

(d)          information regarding my 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)      I may collect statistical information regarding views, access, use by you of my website.

2.     How I collect personal information

2.1   I collect personal information by various means including when:

(a)          you contact us with a question or inquiry;

(b)          you subscribe to my newsletter or legal updates service;

(c)           you attend a seminar or event where I am hosting or presenting;

(d)          you instruct us to act for you and I open a file and conduct a conflict check;

(e)          my clients provide information relating to related and adverse parties relevant to the advice or services I are providing;

(f)            I undertake a search or investigation;

(g)          you visit my website. 

2.2   Where practicable I collect personal information about you directly from you. However, I may have collected information about you from a third party such as a   client, a third party information provider, the courts or a person responding to my questions or inquiries.

2.3    I am required to collect the full name and address of my 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 my duty to the courts.

2.4    If you are a client and do not provide us with name and address information I cannot act for you.

2.5    If you do not provide us with accurate personal information I may not be able to carry out my instructions or achieve the purpose for which the information has been sought.

3.     The purposes for which I collect, hold, use and disclose personal information

3.1    I collect, hold, use and personal information in order to:

(a)          respond to your enquiries;

(b)          provide legal services;

(c)           employ competent and diligent personnel;

(d)          monitor or improve the use of and satisfaction with my legal services; and

(e)          let you know about legal developments, my expertise and legal services that may be of interest to you.

3.2    I disclose personal information:

(a)          in order to carry out the instructions of my clients; and

(b)          subject to my confidentiality obligations, when using services in support of my legal practice.

4.     The parties to whom your personal information is disclosed

4.1    Subject to my confidentiality obligations, I 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)          my e-mail marketing provider for the purposes of providing you my newsletter, invitations and legal updates; and

(c)           third party service providers who assist us with archival, auditing, accounting, legal, business consulting, website or technology services.

4.2    I also will disclose your information if required by law to do so or in circumstances permitted by the Privacy Act – for example, where I have reasonable grounds to suspect that unlawful activity, or misconduct of a serious nature, that relates to my 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

5.1    I do not disclose personal information to overseas recipients.

6.     Opting out of marketing communications

6.1  I may, from time to time, send you newsletters, invitations and legal updates about   my services. You can opt out of receiving further such communications by notifying us using my contact details below by clicking the "unsubscribe" option at the bottom      of any marketing e-mail received from us.

7.     Security

7.1  I take reasonable physical, technical and administrative safeguards to protect your   personal information from misuse, interference, loss, and unauthorised access, modification and disclosure. For example, I maintain my files in secure offices 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 I am subject to confidentiality obligation or some other restriction on giving access to the information and I are permitted to refuse you access under the Privacy Act, I will endeavour to make your information available to you within 30 days. Examples of circumstances where I may refuse to give you access to your personal information include where:

(a)          giving access would be unlawful;

(b)          I 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, I will correct, or, if I consider more appropriate, note your request for amendment of the information on your record.

8.3    I will not charge you to make a request to access your record but I 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.     Notification of Changes

9.1  If I decide to change my Privacy Policy, I will send you a copy of my revised policy or post a copy on my website.

10.   Complaints / Contact us

If a breach of this Privacy Policy occurs, a complaint may be made to us by sending it to:

RCW Law

PO Box 211 

ANNA BAY NSW 2316

Attention: Rebecca Wallbank

I will endeavour to respond to any complaint within 30 days. If you are not satisfied with my 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.

By appointment at Boat Harbour NSW, via telephone or video conference.

Servicing the people of New South Wales, Port Stephens including Anna Bay, Nelson Bay and Salamander Bay, Newcastle, the Central Coast, the Hunter region and Sydney.