Hicksons understands the importance of privacy and is committed to complying with the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles, which set out how private sector organisations must handle and treat "personal information" and "sensitive information".
"Personal information" means information or opinions about an individual whose identity can be apparent or can reasonably be ascertained from the information.
"Sensitive information" means personal information or an opinion about your racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a trade union, sexual preferences or practices, criminal record. It also includes your health information or genetic information.
1. What personal information does Hicksons collect and how?
In all cases, Hicksons will only collect personal information by lawful and fair means and not in an unreasonably intrusive way.
When you provide Hicksons with instructions we may collect personal information about you, such as your name, contact details, financial and banking details and any other personal information (including sensitive information) that you provide us in connection with receiving legal services. Hicksons collects this personal information for the purpose of providing you with the legal services you have requested and so that we can facilitate the payment of fees and disbursements that are owed by you to us or third parties.
Hicksons will usually only collect personal information directly from you unless you have provided us with consent or we are authorised by law to collect the information from a third party. If Hicksons collects personal information about you from a third party, we will take reasonable steps to ensure that you are aware of the identity of the third party, their contact details, the purposes for which the information is collected, your ability to access the information, the law that compels the collection of the information and the main consequences to you if all or part of the information is not provided.
If you are a business service provider to Hicksons, personal information about you including your name, company title, contact and banking details may be collected in order for us to contact you and to facilitate payment of any applicable service fees.
If you are making an application for employment, Hicksons will collect personal information from you and may collect further personal information from referees and past employers set out in your resume and/or employment application. With your consent or if authorised by law Hicksons may in some situations also collect further information about you, which could include a record check with the NSW Police.
2. How Hicksons may use your personal information
Unless you provide Hicksons with your consent, Hicksons will only use the personal information collected for the primary and related purposes that Hicksons disclose at the time the information is collected (for example, for the provision of legal advice or to appraise your employment application) and as set out in this Policy.
3. When Hicksons may disclose your personal information
As a client of Hicksons, Hicksons may disclose your personal information to third parties to provide services in connection with the services that you have requested. The third parties that Hicksons may disclose your personal information to include, but are not limited to, barristers and experts (eg. accountant, science, medical), Courts or Tribunals and regulators.
Hicksons may also disclose personal information about you to service providers that assist Hicksons in operating its general business.
Where required or permitted by law, Hicksons may disclose personal information about you to other third parties.
4. Retention of Personal Information
Hicksons will only retain personal information for as long as required by law and needed for our business functions and activities, including providing legal services that you have requested.
5. The quality of the personal information Hicksons collects, uses and discloses
Hicksons continually reviews the information it collects, uses and discloses to ensure that it is accurate, complete and up-to-date.
6. How Hicksons keeps your personal information secure
Hicksons protects your personal information from unauthorised access, modification, use and disclosure.
Personal information held by Hicksons is kept in a secured environment whether that information is stored on paper or by an electronic means. We ensure that it is only authorised personnel, agents and contractors that have access to your personal information.
Hicksons takes all reasonable steps to ensure that personal information that is no longer needed or required to be held by law is securely destroyed.
7. Anonymity and Pseudonymity
You are entitled to make a request for us to deal with you on an anonymous basis or through the use of a pseudonym. We will agree to the request if it is practicable and legal for us to do so. Due to the nature of the services that Hickson provides, it is anticipated that in almost all circumstances it will be impracticable for us to deal with you on an anonymous basis or through the use of a pseudonym.
8. Direct marketing
Hicksons will only engage in direct marketing in accordance with the law. At any time you may contact Hicksons to request that Hicksons no longer provides you with marketing material. Hicksons will promptly action all such requests. Alternatively, for email marketing communications you may click the unsubscribe link and you will be deleted from our marketing list.
9. How you can access or correct personal information Hicksons holds about you
Hicksons will provide you with access to your personal information held subject to the exemptions provided under the Privacy Act and our obligations of client legal privilege and confidentiality.
Hicksons will consider your request for access and will endeavour to respond to your request within 15 business days.
There is no cost for making a request to access or correct personal information about you and Hicksons will ordinarily not charge for the cost of providing you with access to your personal information (for example photocopying charges).
If Hicksons is required to decline your request for access or correction of your personal information we will provide you with reasons for our decision.
10. Transfer of personal information outside Australia
Hicksons may, with your consent or where related to the primary purpose of collecting your personal information, transfer your personal information overseas; for example, to an overseas legal agent.
11. Website Browsing
If you have any concerns or complaints regarding the way Hicksons have handled personal information please contact Hicksons Privacy Officer in writing addressed to One International Towers, Level 24, 100 Barangaroo Avenue, Barangaroo NSW 2000 or by emailing [email protected]. Hicksons Privacy Officer will investigate the concern or complaint and will endeavour to respond to all complaints within 15 business days, unless extenuating circumstances exist.
Hicksons will take immediate steps to redress any proven privacy issues or breaches.
If you are unsatisfied with Hicksons response or would like to complain about the way Hicksons have handled your personal information, you may contact the Office of the Australian Information Commissioner on 1300 363 992.
13. General information
This Policy is subject to regular review.