1. OBJECTIVE OF THIS POLICY
This Privacy Policy of Timpano Legal pertains to the gathering, utilisation, disclosure, and management of personal information by Timpano Legal, also referred to as “We” or “Us” or “Our”. It encompasses personal information collected through our website, www.timpanolegal.com.au (the “Website”), and during interactions with our clients.
By using our Website or engaging with us in any capacity, you acknowledge and accept this Privacy Policy as it evolves over time.
Timpano Legal is unwavering in its commitment to safeguarding the privacy of individuals and abides by the Australian Privacy Principles outlined in the Privacy Act 1988 (Cth) (“the Act”). We pledge to collect, utilise, and disclose personal information only in accordance with the Act and this Privacy Policy.
2. COLLECTION OF PERSONAL INFORMATION
Timpano Legal acquires personal information through various avenues. We may collect personal information directly from you or during our interactions with you, including when you:
• Contact and correspond with us, such as requesting information or engaging our services.
• Provide personal information to us.
• Apply for a job position within our organisation.
• Sign up to an event or CPD training with us
Subject to your consent, we may also collect personal information about you from other legal entities, publicly available information sources, or, in certain instances, from third parties, including government departments, courts, your insurer, companies in which you hold shares or serve as an officeholder, your employer, or a family member authorised to engage with us.
The personal information we gather about you may encompass (but is not limited to):
• Sensitive information, including health details, financial information, and criminal background checks.
• Your occupation, educational and professional history, employer, and affiliations.
• Information pertaining to your identity, such as your name, birthdate, birthplace, and contact details, including address, email, and phone number.
• Location data, IP address, and third-party websites you access.
• Driver’s license, passport details, or other identification documents.
• Details on your legal case such as charges, Court correspondence, pleas, etc
• Information pertinent to your interactions with Timpano Legal, such as correspondence.
The purposes for which we gather your information may include:
• Verification of your identity.
• Provision of legal services or legal information.
• Communication with you (via electronic messaging like SMS and email, postal mail, phone, or any other lawful method).
• Conflict checks for our own purposes to determine our ability to represent you.
• Representation of a client for matters in Criminal Law, Traffic Law, Civil Law, Estates Law, Property Settlements, and other legal matters.
• Compliance with legal obligations and assistance to government and law enforcement agencies.
• Marketing & Business Development.
Failure to provide personal information may limit our ability to offer you services and legal assistance as required.
Personal information we collect will not be retained beyond what is necessary for the original purpose of collection. Legal and regulatory obligations require us to maintain client records for a defined period (ranging from 7 to 50 years), including personal information.
3. PURPOSE, UTILISATION, AND DISCLOSURE
Timpano Legal may employ or disclose your personal information for the purpose it was collected and in accordance with Australian law, including:
• Promotion of Timpano Legal’s services to you.
• Provision of legal services, management, and accounting of those services, and service enhancement.
• Maintenance of our relationship with you.
• Fulfillment of our legal obligations.
We may also utilise and disclose your personal information for secondary purposes connected to the original purpose of collection, where it is reasonable to expect such utilisation or disclosure.
Other instances where we may employ and disclose your personal information include:
• Confidentially, to our advisors and insurers, to meet our legal obligations.
• When authorised or required by Australian law or a court/tribunal order.
• When you have explicitly or implicitly consented to the utilisation or disclosure.
4. SOURCES OF INFORMATION
We gather personal information when you contact us, utilise our services, visit our website, or interact with us through other means.
Additionally, we may collect personal information from third-party platforms such as Twitter (X), Instagram, Facebook, Google, and/ or LinkedIn.
5. DISCLOSURE OF PERSONAL INFORMATION TO OVERSEAS PARTIES
Certain third parties to whom we disclose your personal information may operate outside Australia. For instance, we may disclose your personal information to overseas or national facilities during information and data processing, backup, and scanning activities or to obtain services on your behalf from third parties.
This may encompass:
• Service providers or other third parties with data storage or operations outside Australia.
• Compliance with laws and assistance to government or law enforcement agencies.
In such instances, we will ensure that appropriate arrangements are in place with these third parties to protect your personal information.
6. INFORMATION ABOUT THE WEBSITE, AND OUR SERVICES
We may contact you via email, SMS, or other means to provide you with updated information about the Website, training, events, or other information regarding our services. If you prefer not to receive such information, please contact us as outlined in (11) below.
7. ACCESS AND MODIFICATIONS
You possess the right to request access to or correction of your personal information held by us. If you wish to access, correct, or update any personal information we have about you, please reach out to us as outlined in (11) below. We may charge a fee for providing access to this information and may deny access as permitted by the Act. If we refuse your access or correction request for valid reasons, we will communicate the rationale(s) at the time of your request.
8. STORAGE AND SECURITY OF YOUR PERSONAL INFORMATION
Timpano Legal will take reasonable steps to keep any personal information we hold about you secure. We foster a security-aware culture. However, except to the extent liability cannot be excluded due to the operation of statute, Timpano Legal excludes all liability (including in negligence) for the consequences of any unauthorised access to your personal information. Please notify us immediately if you become aware of any breach of security.
We may store/ archive your files in hard copy or electronically in our IT systems. These may include Australian-based cloud servers or the servers of third parties within Australia.
We implement a range of physical and electronic security measures to protect the personal information that we hold, including:
• Hardware encryption on desktops and portable devices including storage devices.
• Mandatory password protection and multi-factor authorisation on all computers and file management software.
• Secure off-site archive storage for records management.
• Secure hard copy document, electronic storage media, and hardware disposal procedures.
• Firewall and antivirus/ malware software.
• Key access to all offices.
Following the conclusion of a matter in which we have acted for you, we will return all original documents to you (unless you request us to hold them for you). The file will be archived in secure off-site storage and will be accessible only by Timpano Legal.
We are required to keep the file for a minimum of seven years (for criminal matters) and maximum of 50 years (in some other practice such as estates planning) for record management purposes.
9. CHANGES TO THE PRIVACY POLICY
The date of this Privacy Policy is set out below. We may change this Privacy Policy at our discretion. By continuing to use the Website, or otherwise continue to deal with us, you accept this Privacy Policy as it applies from time to time.
10. COMPLAINTS PROCEDURE
If you have any queries or concerns about our collection, utilisation, or disclosure of personal information, or if you believe that we have not adhered to this Privacy Policy or the Act, please contact us as outlined in (11) below. The Privacy Officer will investigate the complaint, determine whether a breach has occurred, and decide on any necessary action. When contacting us, please provide as much detail as possible regarding the query, issue, or complaint.
We take all privacy complaints seriously and aim to resolve them in a timely and efficient manner. Our target response time is 28 days. We request your cooperation and provision of relevant information during this process.
We anticipate that our procedures will handle your complaint fairly and expeditiously. However, if you remain dissatisfied, you have the option to file a formal complaint with the Office of the Australian Information Commissioner, the regulatory body responsible for privacy in Australia. Their contact details are as follows:
Phone: 1300 363 992
Mailing Address: Director of Compliance Office of the Australian Information Commissioner GPO Box 5218 Sydney NSW 2001
Website: www.oaic.gov.au
11. CONTACT US
Please direct any privacy issues or queries to the Timpano Legal Privacy Officer at +61 (08) 9221 7777 or through our contact page at https://timpanolegal.com.au/contact/.
Policy updated: 7th September 2023