Marsdens Law Group (“Marsdens”) is committed to protecting the privacy of individuals whose personal information we handle and meeting any privacy obligations set out in the Privacy Act 1988 (Cth) (‘the Privacy Act’) that apply.
Marsdens collects personal information in order to conduct its business, provide legal and related services, manage its relationships with clients, employees and other individuals, and comply with legislative and regulatory requirements.
The purpose of this policy is to explain how we handle personal information we collect from and about clients, employees, contractors, job applicants and other individuals who interact with us.
This policy also applies to personal information handled in connection with our Anti-Money Laundering and Counter Terrorism Financing (‘AML/CTF’) obligations under the AML/CTF Framework. Marsdens handles that information confidentially under the legal professional legislation (as defined in section 3A of the Legal Profession Uniform Law Application Act 2014 (NSW)), including the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (NSW).
PERSONAL INFORMATION
Personal information is information relating to an individual which personally identifies an individual or makes the person's identity reasonably apparent.
Personal information may also include ‘sensitive information’. Sensitive information is information or an opinion about an individual's racial or ethnic origin, political opinions, membership of a political association, religious beliefs, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences, criminal record, health and biometric information or similar such information.
Sensitive information may be required to be collected in some circumstances. Marsdens will only collect sensitive information if it is necessary for business purposes. We will generally only collect sensitive information with your consent (unless otherwise permitted or required by law).
All information collected will be used and disclosed by Marsdens only in accordance with this policy and the law. We will take reasonable steps to ensure that all personal information is held securely.
COLLECTION OF PERSONAL INFORMATION
Marsdens will only collect personal information from individuals if it is reasonably necessary for its functions or activities.
We are required by law under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (‘AML/CTF Act’) to collect and verify certain personal information for provision of ‘designated services’ and may be prohibited from providing services if we cannot do so.
In particular, we may collect Know Your Customer (KYC) information as required by the AML/CTF Act which may include names, addresses, location, contact details, job titles, services and transactions obtained, offered and supplied including usage history, including information about the time, place and circumstances of our interactions with you.
We may infer information about you from your engagement with us and your activities. We may also collect sensitive information where required for compliance with the AML/CTF Framework or where otherwise permitted by law.
Marsdens may conduct ongoing monitoring of transactions and client information to comply with our AML/CTF obligations.
If you do not provide requested personal information, we may be unable to provide designated services and/or comply with our legal obligations.
INFORMATION PROVIDED BY AN INDIVIDUAL
Marsdens may collect personal information directly from individuals when they contact us, instruct us, engage with our services, complete forms, provide identification documents, correspond with us, or otherwise interact with us.
Depending on the nature of the relationship, we may collect personal information directly from an individual including:contact details, including address, email address and phone number;
date of birth and identification details where required for verification or compliance purposes;
identification documents including passport, driver licence or other government-issued identification;
information about services requested, matters handled, transactions, communications and interactions with Marsdens;
billing, payment and account information where relevant; and
any other personal information voluntarily provided to Marsdens
INFORMATION PROVIDED BY A THIRD-PARTY
Marsdens may also collect personal information about an individual from third parties where lawful and appropriate, including where the individual has consented or where the information is otherwise permitted or required by law.
identity verification providers and databases;
agents, representatives or other persons authorised to provide information on an individual’s behalf;
public registers, courts, regulators and government bodies; and service providers who assist Marsdens with compliance, verification and risk management processes.
Marsdens may also access personal information from publicly available sources, including websites and professional or social networking platforms, where relevant to its functions and activities and permitted by law.
USE OF PERSONAL INFORMATION
The purposes for which Marsdens may collect, use, and disclose personal information include (but are not limited):
identity verification/KYC;
sanctions/PEP/risk screening;
to establish, maintain and manage relationships with clients, employees, contractors, job applicants and other individuals;
to provide legal and related services and to manage client matters and transactions;
to assess or respond to claims, complaints, enquiries or conduct issues, and to cooperate with investigations when required;
to obtain professional services as required including legal, human resources, accounting, audit, compliance and insurance services;
for administrative, billing, payment and record-keeping purposes;
to verify identity, authority, eligibility or instructions;
to allow access to our premises, systems and services, and to protect the security of our information and property;
ongoing due diligence and transaction monitoring;
internal risk assessment and compliance reporting;
to comply with applicable law, professional obligations and regulatory requirements;
running our business and planning for the future;
the prevention and detection of fraud or other criminal offences;
to defend ourselves in respect of any investigation or litigation and to comply with any court or tribunal orders for disclosure;
otherwise as permitted or required by law; or
otherwise with your consent
USE OF YOUR PERSONAL INFORMATION ON THE COMPANY WEBSITE, FOR MARKETING PURPOSES ETC.
Marsdens may use personal information (for example, names, images, business titles and contact details) on our website or in other publicly available resources where this is necessary for legitimate business purposes and permitted by law.
Marsdens may also use this personal information for marketing and business development purposes where appropriate and permitted by law.
DISCLOSURE OF PERSONAL INFORMATION
Marsdens may disclose personal information to third parties including:
other entities within its group;
employees and contractors working for Marsdens, to the extent this is necessary for the operation of its business;
technology service providers, including internet service providers, cloud hosting providers, software suppliers, maintenance and support providers, and security services, on a confidential basis;
service providers such as banks and payment processors;
external advisers and consultants such as legal, accounting, audit, compliance, insurance and other professional service providers;
government agencies, regulators and law enforcement bodies where required or authorised by law;
service providers that support our due diligence processes associated with complying with its AML/CTF obligations; and
other third parties as allowed by law or with your consent.
Marsdens may use or disclose your personal information in circumstances where required by law and/or expressly permitted by the Privacy Act, this includes where compelled by law to disclose information to Australian Transaction Reports and Analysis Centre (‘AUSTRAC’) and other government agencies without your knowledge or consent, including where a suspicion is formed about a matter or transaction under the AML/CTF Framework.
Nothing in this Privacy Policy limits our obligations of confidentiality or client legal privilege.
However, there may be circumstances where we are compelled to disclose confidential information to AUSTRAC under the AML/CTF Framework.
Marsdens is prohibited from notifying you of disclosures to AUSTRAC and may be prohibited from notifying you of disclosures to other government agencies or authorities.
ACCURACY AND STORAGE OF PERSONAL INFORMATION
Marsdens will endeavour to maintain accurate records of the personal information we hold. Your data will be held in Australia; however some electronic services we use may process data offshore, but those services are not entitled to access or use the personal information held by us except as required for delivery of the contracted service. We take reasonable steps to ensure overseas recipients do not breach the Australian Privacy Principles in Schedule 1 of the Privacy Act.
Individuals should ensure that the personal information they provide to us is accurate and up to date and notify us of any changes where appropriate. If you believe that the personal information that we hold about you is inaccurate, out-of-date, incomplete, irrelevant, or misleading, you may request that we correct it by contacting our Managing Partner. We may ask you to verify your identity before giving you access or making corrections and we may charge you a reasonable fee for providing access (but not for making a correction). You can contact our office by email at ‘email@marsdens.net.au’. We will take reasonable steps to correct your information to ensure it is accurate, complete, and up-to-date within a reasonable period (usually within 30 days of receiving your request).
AML/CTF KYC information and transaction records are kept for seven years after the business relationship ends or the transaction is completed, as required by the AML/CTF Framework.
RAISING A CONCERN OR A COMPLAINT
If you have any concerns about the use of your personal information, you should contact Marsdens using the contact details above.
We will generally ask for your concern or complaint to be put in writing, and will endeavour to provide a reply within 30 days.
