Our Privacy Policy

1. Introduction

1.1 Pearson Emerson Family Lawyers (Pearson Emerson) take our privacy obligations seriously and are committed to ensuring that we handle personal information in accordance with the Australian Privacy Principles under the Privacy Act 1988 (Act).  For further information about privacy issues, see the Office of the Australian Information Commissioner’s website at www.oaic.gov.au.

1.2 This policy sets out how Pearson Emerson collects personal information. It also describes how we store, maintain, use and disclose personal information.

1.3 We respect the privacy of individuals. Generally, all communications are strictly private and confidential and we do not release personal information except in accordance with this policy.  However, in response to a legal requirement, in the case of an emergency or in exceptional circumstances, we may authorise the release of personal information.  In all other circumstances this policy governs the collection, storage, use and disclosure of personal information.

2. What is ‘personal information’?

Personal information is 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 or not the information or opinion is recorded in a material form.

3.Collection of your personal information

3.1 Pearson Emerson may collect personal information such as your title, name, address, email address, telephone numbers, and any information (such as financial or billing information) reasonably necessary for us to provide advice and other services to you and information that is otherwise reasonably necessary for us to carry out our functions and activities.

3.2 Pearson Emerson may make a record of your visit to our website and log your visit for statistical and business purposes.  Such information includes your server address, domain name, IP address, the date and time of your visit, pages accessed, documents downloaded, previous site visited and the type of browser used.  If you send us an email message we will record your email address.  We will only use your email address for the purpose for which it was provided and otherwise in accordance with this policy.

3.3 Whilst we do not use your browsing information to identify you personally, cookies are small files of information which save and retrieve information about your visit to our website.  If you do not wish information to be stored as a cookie, it is possible for you to disable the acceptance of cookies by your web browser.  If this site uses a cookie to deliver content we consider will interest you, the cookie may also be used for authentication.  Please be aware that we are not responsible for the privacy practices of sites linked to our website.

3.4 Where Pearson Emerson collects personal information it is collected for our business purposes.

3.5 Some personal information is required by Pearson Emerson in order to provide its services.  If you do not provide that information, Pearson Emerson may be unable to provide its services to you.  You may, in some circumstances, have the option of not identifying yourself or using a pseudonym when you deal with Pearson Emerson, such as if you are making a general enquiry about Pearson Emerson’s services.  However, if you choose not to provide the information we may not be able to provide you with a service you request.

3.6 We generally endeavour to collect your personal information directly from you when you communicate with us.  However, there may be circumstances where we may collect information about you from third parties or via other methods, such as service providers, regulatory or credit reporting agencies.  For example, we may receive personal information about you from a client in the context of providing services to that client.

4. Use and disclosure of your personal information

4.1 Subject to this policy, Pearson Emerson will only use or disclose your personal information for the primary purpose for which you provided it. Pearson Emerson will not use or disclose your personal information for any secondary purpose without your consent, or unless you would reasonably expect us to use or disclose it for that secondary purpose (and that secondary purpose is related to the primary purpose).  You may give Pearson Emerson your consent expressly or it may be implied by your conduct.

4.2 In addition, Pearson Emerson may use or disclose your personal information:

(a) in response to a legal requirement;

(b) where required or authorised by or under an Australian law (including the Act) or court or tribunal order;

(c) if we reasonably believe that the use or disclosure is:

(i) reasonably necessary for an enforcement related activity conducted by or on behalf of an enforcement body;

(ii) necessary to lessen or prevent a serious threat to the life, health or safety of any individual, or to public health or safety, and it is unreasonable or impracticable to obtain your consent;

(iii) necessary in order to take appropriate action where we have reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to our functions or activities has been, is being or may be engaged in; or

(iv) reasonably necessary in order to locate a person reported as missing;

(d) if the assets and operations of our business are transferred to another party as a going concern; or

(e) if reasonably necessary for the establishment, exercise or defence of a legal or equitable claim, or for the purposes of confidential alternative dispute resolution.

4.3 Pearson Emerson may from time to time send you marketing material that Pearson Emerson considers will be useful to you.  If you do not wish to receive this information, you can let us know and we will not send it to you.  This does not apply to information that we are legally required to send.

4.4 Depending on the purpose for which it was provided to us, your personal information may be disclosed to external service providers, including specialist advisers, and any other person authorised by you.

4.5 Under no circumstances will Pearson Emerson sell or receive payment for licensing or disclosing your personal information.

5. Disclosure overseas

If reasonably required for the purpose for which you have disclosed your personal information, we may send your personal information overseas.

6. Storage and security of your personal information

Pearson Emerson may hold your personal information in a number of different formats, including (but not limited to) software programs (located both onsite and offsite, including in the cloud), databases, filing systems and in offsite backup storage.  Pearson Emerson takes all reasonable steps to protect your personal information from loss, unauthorised access, modification, disclosure or other misuse, including the operation of secure data networks designed to protect your privacy and security.  Pearson Emerson does not host or store your personal information outside Australia.

7. Sensitive personal information

Pearson Emerson does not collect any sensitive information as that term is used in the Act (including information relating to your racial or ethnic origin, membership of political bodies, religion or trade unions, sexual preferences or activities, criminal record, state of health or medical history) unless it is reasonably required for the purposes of providing our services to you.  If Pearson Emerson holds any sensitive personal information about you, that information will only be used and disclosed by Pearson Emerson for the purpose that it was collected or otherwise in accordance with the law.

8. Access to and correction of your personal information

You may request access to personal information about you that Pearson Emerson holds at any time. We will process your request within a reasonable period, and if we are unable to give you a copy of the information, we will let you know generally the sort of information we hold about you or give you the reasons why your request has been refused.

9. Further information and complaints about privacy

If you have any questions in relation to privacy, or to access your personal information then please contact Pearson Emerson's Practice Manager.  Additionally, the firm's Practice Manager should be contacted if you have any complaints relating to Pearson Emerson’s handling of your personal information. Pearson Emerson will investigate all complaints and respond to you within a reasonable time and in accordance with its legal obligations.

10. Changes to this policy

Pearson Emerson may amend this policy from time to time, and the updated policy will be published on the firm's website.