This Privacy Policy outlines why we collect your personal information, what we collect, how we collect it and who we share it with. McKean Park is bound by the Privacy Act 1988 (‘Privacy Act’), including the Australian Privacy Principles (‘APPs’). These laws and principles regulate the way we collect, use, disclose, keep secure and give people access to personal information.
Our Privacy Policy details:
- the kinds of personal information we collect and hold;
- how we collect and hold personal information;
- the purposes for which we collect, hold, use and disclose personal information;
- how you may access personal information or seek corrections;
- how you may raise a complaint; and
- whether we are likely to disclose personal information overseas.
We will ensure that our Privacy Policy remains up to date and in accordance with all laws and regulations including the AML/CTF Act, the Privacy Act and the APP.
WHY WE NEED TO COLLECT YOUR INFORMATION
We may request your information so we can:
- provide you with legal and/or other services;
- provide you with information that might interest you;
- comply with relevant laws and obligations; and
- respond to any concerns or complaints you raise.
We also collect your personal information to comply with the ‘Customer Due Diligence’ requirements in the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act). This includes to:
- establish and verify your identity before providing certain services to you or the person you are acting on behalf of;
- assess and manage potential money laundering, terrorism financing, proliferation financing risks or related compliance risks associated with the provision of our services;
- make reports required by law under the AML/CTF Act; and
- meet record keeping obligations under the AML/CTF Act.
WHAT PERSONAL INFORMATION WE COLLECT
Depending on your circumstances, we collect the following types of personal information:
- your full name and contact details;
- your employer, employment history, and professional memberships;
- bank account and credit card details;
- your occupation;
- your driver’s licence details;
- your passport details;
- your Medicare details;
- attendance at any training events we have run;
- information about your business (including financial information); and
- any other information relevant to the services we provide.
We may also collect the following sensitive information:
- racial or ethnic origin;
- religion;
- criminal record;
- health information;
- whether you are a member of any political associations and professional or trade associations which may be used to verify your occupation or determine whether you are a politically exposed person.
McKean Park will only collect your sensitive information with your consent or unless an exemption applies. For example, if the collection is required or authorised by law, or we suspect unlawful activity.
ANOMYNITY
In line with our obligations under the AML/CTF Act, we are unable to provide legal services to clients who wish to remain anonymous.
HOW WE COLLECT YOUR INFORMATION
We will generally collect your personal information in a variety of ways, including:
- Directly from you;
- From third parties such as identity verification services, accountants, and conveyancers; and
- Registers of companies, trusts, or public records (such as court records, regulatory filings, land registries), financial institutions or professional intermediaries.
WEBSITE COOKIES
This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses ‘cookies’, which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
At times we engage third parties to analyse data from our website, including the use of cookies. This information remains anonymous.
HOW WE STORE YOUR INFORMATION
McKean Park have implemented technology and security policies, rules, and measures to protect the personal information that we have under our control. McKean Park will remove personal information from our records where it is no longer required unless such information is required for archiving purposes.
DEALING WITH UNSOLICITED INFORMATION
If we receive your personal information by way of unsolicited means, we destroy or deidentify the information unless we are required or authorised to retain the information.
WHO WE MAY SHARE YOUR INFORMATION WITH
We may disclose your personal information to:
- Barristers, consultants, accountants and other professionals that you have engaged or we have engaged on your behalf;
- Verification of identification service providers;
- Payment providers, such as financial institutions and banks;
- Government agencies and regulatory bodies;
- Courts; and
- Other persons or organisations you have authorised us to disclose it to, or as required by law.
We may also share your personal information with AUSTRAC to meet our legal and regulatory obligations under the AML/CTF Act or the AML/CTF Rules.
DEALING AND MARKETING
We may use your personal information for marketing without your consent if:
- the information does not include sensitive information;
- you would reasonably expect McKean Park to use or disclose the information for that purpose;
- we provide you with a simple means to opt out of marketing, and you have not requested to opt out of receiving direct marketing from us.
SENDING INFORMATION OVERSEAS
We will not send your personal information to recipients outside of Australia unless you consent to us doing so.
McKean Park takes no responsibility for third party breaches of the Privacy Act and the APPs in the event you consent to the sending of your information overseas.
ADOPTION, USE OR DISCLOUSRE OF GOVERNMENT RELATED IDENTIFIERS
We do not adopt government related identifiers unless required or authorised to do so by law.
WHAT HAPPENS IF WE CANNOT COLLECT YOUR INFORMATION
If you do not provide us with your personal information, we may not be able to verify your identity and provide you (or the person you are acting on behalf of) with the services you have requested. There are different types of personal information that we must collect depending on the service we are providing, and we will inform you of the requirements.
ACCESS TO PERSONAL INFORMATION
If you require access to the personal information we hold about you or you wish to correct the personal information we hold, you may contact our Privacy Officer on the details provided within this Privacy Policy. We will make this information available to you as soon as practicable unless an exception to us doing so applies.
HOW TO CONTACT US ABOUT YOUR PRIVACY OR MAKE A COMPLAINT
We respect your privacy. If you wish to discuss or obtain a copy of this Privacy Policy, discuss your privacy or make a complaint please call us on 03 8621 2888; write to us at GPO BOX 38, Melbourne, 3001; visit our office or send an email to info@mckeanpark.com.au.
If you are not satisfied with our response to your complaint, you can also refer your complaint to the Office of the Australian Information Commissioner by telephone on 1300 363 992; by post at Director of Complaints, Office of the Australian Information
Commissioner, GPO Box 5218, SYDNEY NSW 2001; or via online submission at https://forms.business.gov.au/smartforms/landing.htm?formCode=APC_PC
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