Privacy Policy

Privacy Policy

HNT Legal is committed to maintaining the privacy and confidentiality of personal information. This Privacy Policy explains how we collect, maintain and use your personal data.

 WHO IS RESPONSIBLE?

This Privacy Policy has been adopted by HNT LEGAL PTY LTD (ACN 603 659 598) as Trustee for HNT Legal Unit Trust (ABN 84 109 326 339) trading as Hammond Nguyen Turnbull (“HNT Legal”) (“we”, “us” and “our”) and includes any corporate entity owned or controlled by HNT Legal.

By providing personal information to us you consent to our collection, use and disclosure of your personal information in accordance with this Privacy Policy.

We reserve the right to make amendments to this Privacy Policy at any time and will make available to you details of the changes we make. If you have objections to our Privacy Policy, you should notify us immediately and not submit personal information to us.

1. OUR COMMITMENT

HNT Legal is committed to maintaining the privacy and confidentiality of personal information (as defined in section 6(1) of the Privacy Act 1988 (Cth) (“the Act”)). We will adhere to theAustralian Privacy Principles 2014 (“APP”) established under the Act when collecting, using, disclosing, securing and providing access to personal information. We only collect, hold, use and disclose personal information which is reasonably necessary to ensure that we are able to provide you with the products and services that are appropriate to your needs.

You can obtain further information regarding the APP and your privacy rights at the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au.

2. PERSONAL INFORMATION WE COLLECT

HNT Legal, with your consent, collects personal and sensitive information about individuals, including our clients, persons associated with or employed by our clients, or our business contacts to provide our professional services and to effectively manage our business relationships. When we collect, hold, use and disclose personal or sensitive information, we will do so through lawful and fair means.

Due to the nature of the products and services we provide, the type of personal information we may collect may include the following:

  1. Names, employment titles, contact details;
  2. Date of birth and gender;
  3. Information in identification documents (including, but not limited to, passport, driver’s
    licence, marriage certificate and change of name certificate);
  4. Information from public sources (e.g. Linkedin and similar professional networks, social
    media, directories or internet publications);
  5. Tax file numbers and other government related identifiers;
  6. Assets and liabilities;
  7. Superannuation details;
  8. Tax and financial statements;
  9. Educational qualifications and employment history;
  10. Personal income;
  11. Visa and work permit status;
  12. Bank account and credit card details;
  13. Shareholdings and details of investments;
  14. Information regarding insurance;
  15. Information in relation to investigations or proceedings, where this is necessary to
    conduct the investigation or proceedings;
  16. Your record of attendance at our offices;
  17. Contact details and other information about your company or organisation where you
    provide services to HNT Legal;
  18. Special categories of personal information such as dietary, disability or similarrequirements (for events and meetings);
  1. Criminal record data where permitted by law and appropriate to do so, such as existence
    of prior criminal offences or confirmation of clean criminal record;
  2. Personal information about your partner, dependents and other family members;
  3. Technical information when you access our website and our technology services, such as IP address, browser type and version (e.g. Google Chrome, Internet Explorer etc), time zone setting, browser plug in types and versions, operating system you are using, device type, hardware model, MAC address, unique identifiers and mobile network information; and
  4. Online data when you access our website and our technology services, information about your visit including URL clickstream to, through and from our website (including date and time), information about your network as such information about devices, nodes, configurations, connection speeds and network application performance; pages viewed or searched for, page response times, download errors, length of visits and interaction information (such as scrolling, clicks, mouse-overs) and whether you click on particular links or open our emails).

You have a right to refuse to provide us with your personal information or to maintain anonymity or the use of a pseudonym. However, if you do refuse to provide such information, request the use of anonymity or a pseudonym we may be unable to complete or fulfill the purpose for which such information was collected, including providing you or our clients with the services we were engaged to perform.

You warrant that the personal information you provide is accurate, up to date and complete.

HNT Legal endeavours to maintain a high standard of records, including the accuracy and completeness of clients’ information. To ensure this, HNT Legal may contact its clients’ to ensure that their records are up to date. If your details have changed, kindly notify HNT Legal.

3. COLLECTION & USE

We collect personal information from you to be able to provide you with the services you have requested us to provide including:

  1. Providing you with legal advice, representation or other services or other things you may have requested;
  2. Liaising with third parties on your behalf such as Courts, Counsel, other lawyers, otherparty’s legal representatives, financial institutions, government organisations, law enforcement bodies and regulators, insurance companies, contractors, suppliers, advertising networks, professional networking bodies and other bodies, emergency contacts and any other relevant third parties as required;
  3. Managing and administering your or your organisation’s business relationship with HNT Legal;
  4. Compliance with your legal obligations;
  5. To test, analyse and improve our services, business operations, systems and communications to you;
  6. For events and meetings and provide you with additional services;
  7. For insurance purposes;
  8. For monitoring and assessing compliance with our policies and standards;
  9. To comply with our legal and regulatory obligations and requests;
  10. To comply with Court orders and/or defend our legal rights; and
  11. For any purpose related and/or ancillary to any of the above or any other purposes for which your personal data was provided to us.

We may also share personal information internally within HNT Legal and its related entities in order to communicate information about our wide range of business services or latest business solutions.

We may collect personal information from you or from third parties by:

  1. Having face-to-face and online meetings and telephone discussions with you;
  2. Asking you to complete client questionnaires;
  3. You using our website and interacting with our social media sites;
  4. You communicating with us through correspondence;
  5. Conferring with third parties such as Courts, Counsel, other lawyers, other party’s legalrepresentatives, insurance companies, experts, real estate parties, professionals, financiers or government bodies such as the Australian Taxation Office, state land titles offices, state revenue offices and any other relevant third parties (as required) on your behalf;
  1. Using “cookies” or other similar tracking technologies on our website that track websiteusage, preferences and personal account information;
  2. Requesting information from a publicly available source; or
  3. Through a client’s personal representative such as an accountant, financial advisor, real estate party, insolvency practitioner, among others.

You should only provide us with someone else’s personal information where you have theirexpress consent to do so and it is for the purpose of us providing services to you. Matters in this policy should be communicated to any person whose information you collect and provide to us. In providing such information you agree that you have obtained the relevant consent and you are authorised to do so.

We may also collect your personal information from a third party where:

1. You consent to the collection of information;

2. We are required or authorised under Australian law, court/ tribunal, or someone other than you; or

3. It is unreasonable or impracticable to obtain the information from you.

4. STORAGE & SECURITY

We take our security obligations seriously and your personal information is regarded as confidential and may be held in both hard copy and/or electronic versions. We will take all reasonable steps to safeguard your information so that it is not misused, lost, modified, accessed by unauthorised persons or disclosed without authorisation.

As responsible data custodians we are familiar with the requirements of the Notifiable Data Breaches scheme and are committed to responding to data breaches in accordance with our obligations under the Act. We will notify the OAIC and you if there is unauthorised access to, unauthorised disclosure of, or loss of, personal information held by us and the access, disclosure or loss is likely to result in serious harm to any of the individuals to whom the information relates in accordance with the Act.

Our website may contain links to external websites operated by third parties. The privacy polices of these other websites may not accord with this Privacy Policy and we cannot be held responsible and do not have control of the use of your personal information by these third parties.

As responsible data custodians, any breach of this Privacy Policy by our employees, contractors, consultants, partners and any other entity that at our direction have access to your personal information will invoke disciplinary and possible legal action against the offending party.

HNT Legal trains its employees carefully on handling personal information and confidentiality of such information.

The information is held in both paper and/or electronic form for seven years. All information is backed up by HNT Legal’s internal servers and cloud based programs.

If HNT Legal receives unsolicited information that is irrelevant and/or would not have access to if solicited, and is not public information, HNT Legal Pty Ltd will, as soon as is reasonably practicable, destroy or de-identify the information.

5. DISCLOSURE

Generally HNT Legal obtains your consent in writing or implied, prior to disclosing your personal information to a third party. However, in some circumstances we may use and disclose your personal and sensitive information where it is required or permitted by Law or in emergent situations.

We may disclose your personal information for the following purposes:

  1. To enable you to access and use our services and in turn provide our services to you;
  2. To provide you with direct marketing materials that may be of interest to you such as
    articles or product brochures or correspondence from our business partners;
  3. For purposes that you consent to such disclosure or for a related purpose where you
    would reasonably expect such disclosure;
  4. Any circumstance otherwise authorised by the APP and/or the Act;
  5. Collecting your feedback on HNT Legal’s service provision to help us measure
    performance and to improve and promote our services;
  6. Where we assign or novate any of our rights or obligations; or
  7. Exercising or defending a legal or equitable claim or for alternative dispute resolution.

We will only use sensitive information for the primary purpose it was obtained for or for a secondary purpose that is directly related to the primary purpose (or where otherwise required by law).

We may disclose your personal and sensitive information to trusted third parties, including the following entities:

  1. Barristers, other legal specialists (such as mediators), consultants or experts engaged in your matter or other legal firms for the purpose of obtaining specific legal advice;
  2. Our clients, where the information collected was for the purpose of that client’s file;
  3. Our representatives, advisers, employees, dealers, agents and related bodies corporate;
  4. Third party suppliers and service providers such as the providers for the operation of our
    website or business services;
  5. The Law Society of New South Wales and other state law societies;
  1. Revenue NSW;
  2. The Australian Taxation Office (ATO) to meet ongoing compliance;
  3. The Australian Securities & Investments Commission (ASIC) or Financial Planning
    Association (FPA) on request to meet ongoing compliance, mandatory professional
    standards and other legal obligations;
  4. Specific third parties authorised by you to receive information held by us;
  5. As required by law or directed by legal decision/process; and
  6. Any industry body, tribunal, court or otherwise connected with any complaint regarding
    our services.

Some of our contractors, employees, agents and/or service providers may be located offshore and as a result, we may be required to provide them with your personal information. By providing us with your personal information, you warrant that you consent for your information to be provided to any offshore contractors, employees, agents and/or service providers, including but not limited to, those located in the Philippines and India. The locations of our contractor, employees, agents and/or service providers may vary from time to time on a temporary or ongoing basis.

We take such steps as are reasonably necessary in the circumstances to ensure that any overseas third party service providers we engage do not breach the APP. You consent to your information being disclosed to a destination outside Australia for this purpose.

6. ACCESS AND CORRECTION

You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please provide us with a request in writing to the contact details listed below. Depending upon the complexity of the request, we will endeavour to respond to you within four weeks of receiving your request. We reserve the right to charge a fee for searching for, and providing access to, your information on a per request basis. Where we cannot provide you with access to all of your personal information, we will provide you with reasons why. We may also require your identity to be verified when you send in your request and prior to sending any substantive response.

If at any time you believe that information we hold about you is incomplete, inaccurate, irrelevant, misleading or not up-to-date, please contact us and we will take reasonable steps to correct the information in accordance with the Act.

You may request us to transfer certain parts of your personal information to a third party such as a financial institution.

6. COMPLAINTS AND INQUIRIES

If you have a complaint regarding the way we have handled your information, or have any questions about this Privacy Policy, or your personal information we hold, or if you believe a breach of the APP has occurred please contact us by any of the following means:

HNT Legal

Contact Person: Address:

Email: Phone:

Vivian Nguyen
PO BOX 4025
PARRAMATTA NSSW CBD 2124vivian@hntlegal.com.au
(02) 9687 6880

Please make sure to include your name and return contact details with any inquiry.

We will endeavour to respond to your complaint or inquiry within a reasonable period from when it is received.

If you are not satisfied with our response to your complaint or inquiry you can contact the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au.

Policy Effective: June 2024

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