Privacy Policy

Macfarlane Law understands that privacy is important to you. As an Australian law firm, I am committed to ensuring the privacy of your information and compliance with the Australian Privacy Principles (APPs), which are contained in the Privacy Act 1988 (Privacy Act). Personal information is information or an opinion (whether true or not) about an identified, or reasonably identifiable, individual.

This Privacy Policy (Policy) outlines the way in which Macfarlane Law collects, holds, uses and discloses personal information.

In this Policy, ‘I‘, ‘me‘, ‘my‘ and ‘the firm‘ means Macfarlane Law.

By using the firm’s website and services, or otherwise providing me with your information, you consent to me collecting, holding, using and disclosing your personal information as described in this Policy.

The personal information collected from you may include your name, job title, address and e-mail address, contact numbers (telephone, fax, mobile), date of birth, employment and education history, qualifications, credit and financial details. This is not an exhaustive list. I endeavour not collect personal information that I do not need.

Generally, I collect your personal information from you directly (for example, when I deal with you in person or over the phone, when you send me correspondence (including via email), when you complete a form, when you subscribe to the firm’s publications or attend the firm’s events, when you use this website or the firm’s social media or when you provide me with your business card).

Where necessary, I may collect your personal information from a third party, including from publicly available records.

While I take reasonable steps to protect the security of your personal information, data protection and security measures can never be guaranteed. I therefore cannot guarantee the security of your personal information.

Any team members employed, or consultants engaged, by Macfarlane Law from time to time are required to respect the confidentiality of personal information and the privacy of individuals. The firm takes reasonable steps to protect personal information held from misuse and loss and from unauthorised access, modification or disclosure, for example by use of locked storage facilities for physical records and restricted access to electronic records.

Where I no longer require your personal information I will take reasonable steps to destroy or de-identify it.

I collect your personal information primarily to give you information about the firm’s services and provide you with those services. Some of the ways I use your information include:

  1. to provide you with legal services;
  2. to market the firm’s services, including by providing you with information on news, publications, blog and other content and by inviting you to seminars and events;
  3. to purchase goods or services from third parties, where required in a matter you have instructed me to act in;
  4. for employment consideration purposes;
  5. to perform administrative and operational functions;
  6. to comply with any legal requirements; and
  7. for any other purpose for which you give your consent.

I may also use and/or disclose your personal information for other purposes which you consent to or which are required or permitted by law.

Subject to professional obligations of confidentiality and privilege, I may disclose your personal information to:

  1. barristers and other litigation support service providers;
  2. consultants engaged by the firm from time-to-time;
  3. professional advisors, including accountants;
  4. auditors;
  5. insurers;
  6. The Law Society of NSW or the Office of the Legal Services Commissioner;
  7. third party service providers who assist the firm with business functions such are marketing and IT support.

Other instances when I may use and disclose your personal information include:

  1. where you have expressly or impliedly consented to the use or disclosure;
  2. where the use or disclosure is authorised or required by or under an Australian law or court/tribunal order.

The firm’s business and practice management system (PMS) service provider has global subsidiaries, including in Australia, the European Union, United States of America and Canada. The PMS is tested and certified as secure, applying in-transit and at-rest encryption using industry best practices (such as HTTPS and TLS) to ensure data is stored and transmitted securely.

Whilst the firm’s data is hosted in Australia, the data (including your personal information) is accessible to users of the PMS to whom I grant access (such as our employees and consultants)  from anywhere on the Internet and thus some of your personal information may be transmitted outside of Australia.

You acknowledge and agree that I am not responsible for the privacy and data security practices of the firm’s PMS service provider.

You have the right to:

  1. seek access to your personal information handled by Macfarlane Law;
  2. ask me to update or correct your personal information when it is inaccurate, incomplete or out of date; and
  3. opt-out of receiving direct marketing communications.

If you wish to access the personal information that I hold about you, please set out your request in writing, and forward this to our Privacy Officer:

Emma Macfarlane
Email: emacfarlane@macfarlane.law
Address: PO Box 975, Campbelltown, NSW 2560

To provide you with access to your personal information that is stored in the firm’s current records, Macfarlane Law will provide you with a copy of the relevant personal information at no charge.

If you make a request to access your personal information that is contained within the firm’s archived, non-current records, I will consider this request and exercise my discretion as to whether your request is reasonable. Please note that if I do provide access to non-current records, I may charge you for the cost of providing such access.

In the event of any loss, or unauthorised access or disclosure of your personal information that is likely to result in serious harm to you, I will investigate and notify you and the Australian Information Commissioner as soon as practicable, in accordance with the Privacy Act 1988.

If you have any questions or concerns about the firm’s collection, use or disclosure of personal information, or if you believe that I have not complied with this Privacy Policy or the Privacy Act, please contact me as set out below. When contacting me, please provide as much detail as possible in relation to the query or complaint.

Contact information:

Emma Macfarlane
Email: emacfarlane@macfarlane.law
Address: PO Box 975, Campbelltown, NSW 2560

I will take any privacy complaint seriously and aim to resolve any such complaint in a timely and efficient manner; I will strive to provide a response within 21 days.

You may also complain directly to the Office of the Australian Privacy Commissioner (OAPC). Details about how to file a complaint can be found at www.oaic.gov.au or by calling 1300 363 992.

I ask that you provide me with the opportunity to investigate and respond to your query or complaint prior to involving the OAPC, as it may be that I can satisfactorily resolve any concerns you have raised.

Please understand that I make no representations or warranties in relation to the privacy practices of any third party website that I have provided a link to on the Macfarlane Law website. I am not responsible for the privacy policies or the content of any third party website. I provide these third party links for your convenience, but suggest that you review the privacy policy and terms of use of each site you visit.