Privacy Policy

Updated 01 October 2023

At MurphySchmidt we recognise the importance of privacy protection. This privacy policy explains how we collect, hold, use and disclose any personal information that you might disclose to us. Your information is managed in accordance with the Privacy Act 1988 and the European Union General Data Protection Regulation (GDPR).

The information that we collect and hold

In the course of carrying out our business and functions as a legal services provider we collect and hold a range of personal information. 

Your relationship with us affects the kind of personal information that we collect and hold about you. 

Our clients 

Should you decide to allow us to handle your legal work, we request that you supply us with the following personal information:

• Name;
• Street Address;
• Email Address;
• Telephone numbers;
• Facsimile number;
• Occupation;
• Date of Birth; 
• Date of Accident;
• Marriage status;
• Partner’s name;
• Bank Account Information; 
• Government identification;
• Social media accounts where you have authorised us to access that information in your account;
• Other personal information including sensitive information and health information that will be required for the establishment, exercise or defence of a legal or equitable claim; or where it is reasonably necessary for the purpose of a confidential alternate dispute resolution process; or if we are required or authorised by or under an Australian Law or a Court/Tribunal Order. 

The information will only be used in the course of conducting your claim or completing your transaction. 

Contractors, service providers, suppliers, past, current and future employees

We typically collect and hold the following kinds of personal information about contractors, service providers, suppliers and any past, current and future employees:-

• Name and contact details;
• Information contained in resumes;
• Education details, academic and other transcripts;
• Employment history, skills and background checks;
• References from past employers and referees;
• Information collected during the interview or assessment process; 
• Details of your performance under any contract;
• Personal information required to make payments, such as bank account details and tax file numbers;
• Social media accounts where you have authorised us to access that information in your account;
• Other sensitive information and health information required.

Online contacts and attendees at seminars and other functions

The only personal information which we will collect about you is what you tell us about yourself. 

The kinds of personal information that we may collect online or when you register to attend or attend a function will include:

• Your name, employer, telephone number(s), postal address, email address and job title; 
• Your areas of legal or professional interest and specialisation; 
• Health information i.e. conditions affecting dietary requirements; 
• Information on your religious beliefs or affiliations (for the purpose of assessing dietary requirements); 
• Membership of a political body, professional association, trade association or trade union. 

We will also collect personal information about you if you provide us with your business card at a function or otherwise provide your personal information to us in person or contact us through social media, for example, LinkedIn. 

Using our Website and Online Information

When you use our website, for statistical purposes, we may record anonymous information such as IP address, time, date, referring URL, pages accessed and documents downloaded, type of browser and operating system.  The information does not identify you personally.

We will not rent or sell your information to third parties suppliers outside of MurphySchmidt without your consent, however our website may contain links to other websites.  Those websites may also collect your personal information (including information generated through the use of cookies) when you visit them.  We are not responsible for how such third parties collect, use or disclose your personal information.  You should read the privacy policy of other websites before providing them with your personal information.  You may adjust your internet browser to disable cookies.  If cookies are disabled, you may still use our website but restricting cookies may limit your use of our website. 

We undertake and use Google Analytics on our website.  Google Analytics does not use any sensitive personal information you have provided to us, nor does it use any personal information.  We do not facilitate the merging of your personal information with any non-personal information unless we notify you and you opt-in to that merger.  Please visit http://www.google.com/policies/privacy/partners/ for more information about how Google collects and uses data.

As a visitor to our website, you can opt out of your data being used by Google Analytics site at https://tools.google.com/dlpage/gaoptout for currently available opt-outs for the web.

How we collect and handle your information

Where reasonably practicable we will collect personal information directly from the person to whom the information relates. However, we may also collect personal information about individuals from the following third parties:- 

• Your associates of whom you inform us; 
• Government agencies;
• Law enforcement bodies; 
• Publicly available records; 
• A public registry; 
• Court or Tribunal records; 
• Search agencies; 
• Regulatory and licensing bodies; 
• Service providers; 
• Parties to whom you refer us; 
• Online searches; and 
• Social media. 

If we obtain personal information from third parties to whom you refer us, we will obtain your permission to do so by way of written authorisation and make that third party aware that you have consented to the collection, use and disclosure of the relevant personal information. 

MurphySchmidt may share your information with a third party in the circumstances where we sell or transfer MurphySchmidt to a third party. Personal information relating to the services of our company may be among the items sold or transferred with the sale. We may also sell or transfer such information in the course of any mergers, acquisitions, bankruptcies or liquidations of the company. 

How your information is stored, transferred and protected

Hard copy files are kept in filing cabinets in secure premises. We also store hard copy files with an offsite storage provider whose premises are secure and monitored and access is strictly controlled. 

Certain information and documents are also kept in our computer system. Our IT system has appropriate safeguards in place to protect your information. All access to your information is limited to employee access where required and via individual log in and passwords. Access to the main server is restricted. Our systems are regularly monitored for quality control, systems administration and legal compliance. 

Once your personal information is no longer required, your information is held in the offsite storage facility and will be destroyed in accordance with our file destruction policy.

MurphySchmidt is located in Queensland, Australia. All your information will be processed in Australia as our servers are on premise and external hosting is based in Sydney. Our website is also hosted on servers within Australia.

However, we may be required use servers located in other countries. This means your information may be transferred to other countries that may not have the same data protection laws. Where applicable, we will ensure the third party provider provides the appropriate safeguards and also seek your consent to transfer your information to a country outside the European Economic Area and Australia.

The purpose for which we collect, hold, use and disclose personal information

We collect, hold, use and disclose personal information and sensitive information for the particular purpose for which it was collected including related purposes, including:-

• Providing the services that you have requested; 
• Contracting out some of our functions to external service providers and suppliers (such as barristers, court searches, forensic witnesses, accountants, mediators, photocopying, IT); 
• In relation to contractors and suppliers this may include advertising, marketing, market research and recruitment; 
• The organisation of events; 
• Assessing or considering applications from prospective employees, contractors and service providers; 
• Developing and managing relationships with our employees, contractors and service providers; 
• Managing insurance; 
• Complying with our legal regulatory obligations; 
• Where it is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim; 
• Where it is reasonably necessary for the purposes of confidential alternate dispute resolution process; and 
• To otherwise carry out our functions as a professional legal services provider. 

It is our policy not to pass on any personal information or sensitive information that you provided to us unless we have your express consent to do so or we are required to do so by law. If we are required by law to pass on personal information, we will notify you first.

Direct Marketing

If you are a client or a service provider and provide us with your contact details, we may send emails or mail to you with information about legal developments and marketing our services. 

If you do not wish us to send you such emails or mail, please let us know by contacting our privacy officer on info@murphyschmidt.com.au

Overseas disclosure of personal information

If you apply to us for employment and have lived or worked overseas, we may disclose your personal information to overseas recipients for the purpose of gathering information to assess your application. 

If you have previously worked for us and provide our details to a prospective employment recruitment agency located overseas, we may disclose your personal information to that entity to assist them to assess your application. 

If you are a client of ours and have been injured in Australia and live overseas, or you live in Australia and have been injured overseas, we may disclose your personal information to overseas recipients for the purpose of gathering information to progress your claim in Australia or to assist the overseas recipient to progress your claim overseas.

Your personal information will be managed according to the Privacy Act 1988 and the European Union General Data Protection Regulation (GDPR) and other relevant privacy laws.

Unless we are required to disclose it under an Australian Law or Court/Tribunal Order or it is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim, or it is reasonably necessary for the purpose of a confidential alternate dispute resolution process, we will either:

• Manage it in accordance with the Privacy Act 1998 and the European Union General Data Protection Regulation (GDPR)
• Take steps to ascertain that there is a similar scheme to protect your information that is substantially the same as the Australian Privacy Principles, including the enforcement of your protection; or
• Obtain your consent to disclose it.

How to gain access to the information we hold about you

We recognise that it’s important for you to be able to easily manage and access your information with us.

We will, on request, provide you with access to any information that we have collected about you. 

To enquire about the information we hold or gain access to this information, please contact the privacy officer on info@murphyschmidt.com.au

We will respond to all requests for access to personal information within a reasonable period after the request is made. 

In some cases, in accordance with the Privacy Act 1988 we may charge you a fee for access to personal information we hold about you or refuse to give you access to personal information we hold about you. You will be notified in writing of the decision and the reasons for the decision. 

If you believe that any information that we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us on info@murphyschmidt.com.au 

We will respond to your request for correction of personal information within a reasonable period after the request is made. 

If you have consented to our use of your information you may withdraw that consent at any time. You can either withdraw your consent by emailing info@murphyschmidt.com.au.

Where we are using your information because of a legitimate interest to do so, you have the right to object to that use. However, if you do so it may mean that it is not possible for you to continue using our services.

Complaints and breaches

If you would like to complain about a breach of privacy or data, please contact us on info@murphyschmidt.com.au

We will immediately take all reasonable steps to investigate the breach and aim to respond to your enquiry within 30 days. Where appropriate, we will notify all individuals whose information may have been breached and take steps in accordance with the applicable laws and regulations.

If you disagree with our decision, you may refer your complaint to the Office of the Australian Information Commission by visiting www.oaic.gov.au, calling 1300 363 992 or by emailing enquiries@oaic.gov.au. 

Contact us 

If you would like to request access to, or correction of, personal information that we hold about you or wish to make a complaint, please contact our privacy officer by either:

Email -  info@murphyschmidt.com.au

Mail -  Privacy Officer, MurphySchmidt Solicitors, PO Box 15317, City East Qld 4002

Telephone -  07 3303 9800

Update to this policy

We review our Privacy Policy from time to time to ensure that it is up to date with new laws, technology and changes to our operations and practices. We will notify you about any changes to this Privacy Policy by posting an updated version on our website, https://www.murphyschmidt.com.au

 

Definitions

The following terms are defined in the Privacy Act 1988 (Cth):

“Personal information” means information or an opinion about an identified individual, or an individual who is reasonably identifiable:

(a) whether the information or opinion is true or not; and 

(b) whether the information or opinion is recorded in a material form or not. 

“Sensitive information” means:

(a) information or an opinion about an individual’s:

       (i) racial or ethnic origin; or

       (ii) political opinions; or

       (iii) membership of a political association; or

       (iv) religious beliefs or affiliations; or

       (v) philosophical beliefs; or

       (vi) membership of a professional or trade association; or

       (vii) membership of a trade union; or

       (viii) sexual orientation practices; or

       (ix) criminal record, 

       that is also personal information; or 

(b) health information about an individual; or 

(c) genetic information about an individual that is not otherwise health information; or 

(d) biometric information that is to be used for the purpose of automated biometric verification or biometric identification; or 

(e) biometric templates. 

“Health information” means

(a) information or an opinion about: 

       (i) the health or a disability (at any time) of an individual; or 

(ii) an individual ‘s expressed wishes about the future provision of health services to him or her; or 

(iii) a health service provided, or to be provided, to an individual; 

       that is also personal information; or 

(b) other personal information collected to provide, or in providing, a health service; or 

(c) other personal information about an individual collected in connection with the donation, or intended donation, by the individual of his or her body parts, organs or body substances; or 

(d) genetic information about an individual in a form that is, or could be, predictive of the health of the individual or a genetic relative of the individual.