ABOUT THIS PRIVACY POLICY

This document (‘Privacy Policy’) explains how Moray & Agnew may collect, use, disclose and otherwise handle ‘personal information’.

By using our website and services, or otherwise providing us with your information, you consent to us collecting, holding, using and disclosing your personal information as described in this Privacy Policy. If we are not able to collect, handle, use and disclose personal information about you as set out in this Privacy Policy, we may not be able to provide you with our services or with access to our website.

For more information about how we collect and process personal information when you are in a country that is a member of the European Economic Area and we are the controller or processor of that information, please see our General Data Protection Regulation Notice.  

ABOUT MORAY & AGNEW

Moray & Agnew is a leading provider of legal services in Australia.

The entities covered by this Privacy Policy are:

Moray & Agnew (ABN 76 486 092 631) – Sydney Partnership
Moray & Agnew (ABN 51 537 426 182) – Melbourne Partnership
Moray & Agnew (ABN 45 530 630 331) – Brisbane Partnership
Moray & Agnew (ABN 57 703 561 653) – Canberra Partnership
Moray & Agnew (Newcastle) (ABN 35 262 692 173) – Newcastle Partnership
Moray & Agnew (ABN 49 831 870 580) – Perth Partnership
Morlaw & Associates (ABN 17 242 949 924) – Services Entity
Morlaw Holdings Pty Limited (ABN 52 093 121 638)

These entities are collectively referred to as ‘Moray & Agnew’, ‘our’ or ‘we’ in this Privacy Policy.

STATEMENT OF COMMITMENT

Moray & Agnew is committed to protecting the privacy of all ‘personal information’ that we collect, use, store and disclose in accordance with the Privacy Act 1988 (Cth) (‘Privacy Act’) and the 13 Australian Privacy Principles that form part of the Privacy Act. 

WHAT IS PERSONAL INFORMATION?

‘Personal information’ is defined in the Privacy Act. Broadly, it means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether it is recorded in a material form or not.

‘Sensitive information’ is also defined in the Privacy Act. Broadly, sensitive information is a subset of personal information which is generally afforded a higher level of protection. It includes information or an opinion about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, and criminal record. It also includes health information about an individual, genetic information about an individual that is not otherwise health information, biometric information that is to be used for the purpose of automated biometric verification or biometric identification, and biometric templates.

For the purposes of this Privacy Policy, references to ‘personal information’ means ‘personal information’ as defined in the Privacy Act, and includes ‘sensitive information’ (as defined in the Privacy Act).

AM I REQUIRED TO GIVE MORAY & AGNEW PERSONAL INFORMATION?

You do not have to identify yourself or provide any personal information when you deal with us (for example, to make an inquiry).

However, in most situations we will only deal with individuals who have identified themselves and provided certain personal information to us. For example, to comply with our legal obligations, we must obtain certain personal information from clients, such as their name and address, before we can provide legal services to them. Further, if the information provided to us is not accurate or complete, we may not be able to assist or deal with you.

WHAT PERSONAL INFORMATION DOES MORAY & AGNEW COLLECT?

The personal information Moray & Agnew collects and holds will depend on whether you are a client (or an employee, officer, shareholder, contractor, agent or related party of a client), consultant, service provider, employee or job applicant. It may also depend on which Moray & Agnew services you use and/or what goods or services you provide to Moray & Agnew.

For example:

Information that we collect about Moray & Agnew clients (and employees, officers, shareholders, contractors, agents or related parties of a client), may include (but is not limited to):

  • name, address, phone number, email address and other contact details;
  • date of birth;
  • employment details;
  • education and professional qualifications;
  • your financial and billing information; and/or
  • depending on the services engaged by our clients, other sensitive information such as health records.

Information that we collect about consultants and employees (including applicants) of Moray & Agnew may include (but is not limited to):

  • name, address, phone number, email address and other contact details;
  • date of birth;
  • gender;
  • employment details;
  • education and professional qualifications;
  • bank account details;
  • tax file number; and/or
  • other sensitive information such as health information and whether the person identifies as Aboriginal or Torres Strait Islander.

We may also collect personal information of other individuals, such as persons involved in legal matters in which we act and representatives of third party service providers, including (but not limited to):

  • name, address, phone number, email address and other contact details;
  • date of birth;
  • education and professional qualifications; and/or
  • other sensitive information such as health information and whether the person identifies as Aboriginal or Torres Strait Islander.

HOW DOES MORAY & AGNEW COLLECT PERSONAL INFORMATION?

Moray & Agnew may collect personal information directly from you (in person, by phone, electronically or online) including (but not limited to) when:

  • you request information about Moray & Agnew's services;
  • you become a client of Moray & Agnew;
  • you are employed by, or provide services to, a Moray & Agnew client;
  • you apply for employment with Moray & Agnew or to provide services to Moray & Agnew; and/or
  • you visit our website.

Moray & Agnew may also collect personal information from third parties about you, including (but not limited to) from:

  • Moray & Agnew clients;
  • other legal representatives and third parties involved in legal matters in which we are involved;
  • information provided as part of current or anticipated litigation;
  • Courts and government authorities and agencies, including ASIC;
  • publicly available records, including LinkedIn or other social media websites;
  • state registration boards and professional associations;
  • your employer or advisers;
  • personal referees or references;
  • third party recruitment providers, such as Thompson Reuters (Professional) Australia Ltd (www.bigredsky.com.au);
  • your medical and health practitioners;
  • financial or educational institutions; and/or
  • other persons or entities who provide services to Moray & Agnew, including (but not limited to) market research companies, webmasters and website administrators and psychometric testing service providers.

These third parties may, and are likely to, have their own privacy policies that apply to your personal information. You should review the privacy policies of any third party before disclosing personal information to any third party. Moray & Agnew does not accept any responsibility for information submitted by you to third parties.

WHY DOES MORAY & AGNEW COLLECT & USE PERSONAL INFORMATION?

We may collect, use, hold and disclose personal information for the primary purpose for which it is collected, for reasonably expected secondary purposes which are related to the primary purpose and in other circumstances authorised by the Privacy Act.

Generally, Moray & Agnew collects personal information primarily to:

  • Conduct our business;
  • provide legal services and related products and services to our clients, including for use in current or anticipated litigation;
  • to promote our products and services and identify new products and services that you may be interested in;
  • to help us inform and educate clients and individuals about the law;
  • to communicate with you, and build and maintain our relationship with you;
  • to purchase goods or services;
  • to consider the suitability of prospective employees and contractors;
  • to process and respond to your requests, inquiries or complaints;
  • to administer, maintain, support and provide upgrades to our services and website;
  • for billing and payment purposes;
  • for accounting and record keeping purposes, such as maintaining our register of clients; and/or
  • to comply with our legal obligations and to protect, exercise or defend our legal rights.

WILL MY PERSONAL INFORMATION BE DISCLOSED TO ANYONE ELSE?

Moray & Agnew may disclose your personal information to:

  • other persons and entities who assist us in providing our services or who perform functions on our behalf (including barristers and other third party service providers, agents and contractors)
  • contractors and service providers performing services including (but not limited to) marketing, market research, customer support services, mail-house services, hosting and product development services; and
  • any third party:
  • if you authorise Moray & Agnew to do so;
    • if your health and safety or that of others in the community is at risk;
    • if it is permitted, required or authorised to do so under the Privacy Act, Australian law or court/tribunal order; and/or
    • on a de-aggregated or de-identified basis. 

Moray & Agnew may also disclose your personal information to individuals to whom you have granted authority to act on your behalf. For example, any attorney under a power of attorney, legal representatives or other persons you authorise.

You may authorise Moray & Agnew to disclose your personal information to specific persons or entities (for example, to your family members or your employer) by notifying Moray & Agnew of the name and contact details of those persons/entities to whom you consent to your personal information being disclosed. This notification must be made in writing to Moray & Agnew by letter signed by you or by way of email from you.

Some of the entities to whom we disclose personal information may be located overseas and may not be bound by the Privacy Act or other Australian law.

Of course, we are also bound to our clients by professional obligations of confidentiality and legal professional privilege.

DIRECT MARKETING AND OPTING OUT

Moray & Agnew uses and discloses personal information to communicate with our clients and potential clients (e.g. by mail, telephone, email and/or sms) about current and new Moray & Agnew services.

You can ask us at any time to stop sending you direct marketing from any particular channel or at all, by contacting Moray & Agnew using the contact details below.

MORAY & AGNEW WEBSITE AND COOKIE POLICY

We may collect personal information you give to us via our website, such as when you complete an online form or submit other information or documentation to us online.

Additionally, our website may use cookies supplied by third parties such as Google Analytics (_utma, _utmb, _utmc, and _utmz) and WordPress (wp-settings-, wp-settings-time-).

For each visitor to the Moray & Agnew website, Moray & Agnew (or the webmaster, administrators of the website and third party cookie provider) may collect non-personally identifiable information about you, including (but not limited to):

  • browser type, version and language;
  • operating system;
  • pages viewed while browsing the Moray & Agnew site;
  • page access times; and/or
  • referring website address.

Moray & Agnew uses cookie data primarily for statistical purposes, to analyse website activity and to help us identify what visitors find interesting and useful on our website to allow us to improve content. If you do not want to use cookies, you can set up your browser to reject them.

Moray & Agnew’s website may contain links or references to other third party websites. We make no representations or warranties in relation to the privacy practices of any third party website and we are not responsible for the privacy policies or the content of any third party website. If you visit these websites, they will be governed by their own terms of use (including privacy policies). We encourage you to review the privacy policies of any third party before using a third party website or disclosing personal information to any third party.

IS MY PERSONAL INFORMATION SECURE?

Moray & Agnew takes reasonable steps to ensure personal information is kept secure, and is not subject to misuse, interference and loss, unauthorised access, modification or disclosure. In particular:

  • we destroy or de-identify personal information we no longer need, wherever possible;
  • any health records collected by Moray & Agnew will be held in accordance with health records legislation in the relevant Australian State or Territory;
  • our premises are in secure buildings with access restricted to authorised persons;
  • our data storage facilities are housed in secure buildings with access restricted to authorised persons;
  • our IT systems are secured inside firewalls and password protected and we conduct regular audit and data integrity checks;
  • we frequently update our anti-virus software in order to protect our systems (and the data contained in those systems) from computer viruses; and
  • all employees are required, as a condition of employment, to treat personal information held by Moray & Agnew as confidential.

However, despite these measures, the security of electronic methods of provision, storage (including cloud based storage) and disclosure of personal information cannot be guaranteed by Moray & Agnew and may be out of Moray & Agnew’s reasonable control.

Personal information collected by, or provided to, Moray & Agnew may be stored on physical computer servers or storage devices within Australia, or by using cloud-based storage facilities (such as Microsoft cloud storage systems). We do not otherwise store any personal information outside Australia.

HOW DO I OBTAIN ACCESS TO MY PERSONAL INFORMATION?

You generally have a right to access the personal information Moray & Agnew holds about you. To do so, please make a request by contacting us using the contact details below.

We will respond to your access request within a reasonable period. Please note we require you to verify your identity before we can provide you with access to any information.

There may be circumstances in which we cannot provide you with access in the manner requested or at all. For example, we may not be required to disclose certain information to you that is subject to our own, or our clients’, existing or anticipated legal dispute proceedings, which may prejudice negotiations, or which would be unlawful to disclose. If this happens, we will advise you in writing of our reasons and how you can complain about the decision.

You will not be charged for making an access request, however we may need to charge for the reasonable cost of processing your access request, including photocopying, administration and postage.

IS MY PERSONAL INFORMATION ACCURATE? CAN IT BE CORRECTED?

The accuracy of your personal information is important to us.

Moray & Agnew will take reasonable steps to ensure your personal information is accurate, complete, up to date and not misleading, and also relevant for any purpose for which we use or disclose it. However, we rely on you to advise us of any changes to your contact details and any other personal information.

If you believe that any personal information Moray & Agnew holds about you is inaccurate, incomplete, out of date, irrelevant or misleading, please advise Moray & Agnew immediately using our contact details below.

If we are satisfied that your personal information needs to be corrected, we will take reasonable steps to do this. However there may be circumstances in which we may have to refuse a request for correction. We will advise you of any refusal in writing and our reasons and how you can complain about our decision. In such a case you can also request that we associate a statement with that personal information that you believe should be corrected.

You will not be charged for making request for a correction or requesting us to associate a statement with your information.

MORE INFORMATION AND COMPLAINTS

For further information regarding this Privacy Policy, or to make a complaint or raise any other concerns about the steps Moray & Agnew has taken to protect your personal information or privacy, please contact Moray & Agnew using our contact details below.

We will investigate any complaints we receive and do our best to resolve them as soon as possible, usually within 30 days

HOW DO I CONTACT MORAY & AGNEW?
We can be contacted at:

Address: Privacy Officer
Moray & Agnew
GPO Box 3925
SYDNEY NSW 2001
Email: privacy@moray.com.au
Phone: +61 2 9234 4636

OFFICE OF THE AUSTRALIAN INFORMATION COMMISSIONER

If you are not satisfied with the result of your complaint to us, you can refer your complaint to the Office of the Australian Information Commissioner (‘OAIC’). Contact details for the OAIC are as follows:

Address: Office of the Australian Information Commissioner
GPO Box 5218
Sydney
NSW 2001
Phone: 1300 363 992
Website: www.oaic.gov.au
Email: enquiries@oaic.gov.au
Online privacy complaint form: https://forms.business.gov.au/smartforms

CHANGES TO THIS PRIVACY POLICY

Moray & Agnew reserves the right to review, update and change this Privacy Policy from time to time to reflect our practices and obligations. Any changes will take effect when they are made and posted on our website.

This Privacy Policy was last updated: November 2020.