Privacy policy.
Ballpen Legal understands the importance of protecting the privacy of an individual’s personal information and adopts the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (Act) (Privacy Act).
This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to use, or otherwise collected by us, offline or online, including through ballpenlegal.com.au (Site)
Types of personal information
If you’re a client (or potential client), it is highly likely that you will directly or through a third party share some personal information with us. This includes:
contact details such as your name, business or personal addresses, email addresses, phone and fax numbers;
your employment or professional details;
your marital status and/or anniversary;
your age and/or date of birth;
your preferences and/or opinions;
information you provide to us through customer surveys or intake forms;
details of your company’s ABN and/or ACN;
financial information including bank account and credit card details;
your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour;
additional personal information that you provide to us, directly or indirectly, through your use of our website, associated applications, associated social media platforms and/or accounts from which you permit us to collect information; and
any other personal information requested by us and/or provided by you or a third party.
We will sometimes collect “sensitive information” from you. Sensitive information is defined in the Privacy Act to include, information and/or opinions about sexual preference, political affiliations, religious beliefs and health information. We will only collect sensitive information with your consent or as required by law.
Collection and use of personal information
We may collect, hold, use and disclose personal information for the following purposes:
to enable you to access and use our Site, associated applications and associated social media platforms;
to contact and communicate with you;
for internal record keeping, administrative purposes, invoicing and billing purposes;
for analytics, market research and business development, including to operate and improve our Site, associated applications and associated social media platforms;
to run competitions and/or offer additional benefits to you;
for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you;
to comply with our legal obligations and resolve any disputes that we may have; and
to consider your employment application
Data retention and deletion
We take reasonable steps to securely dispose of all information that is no longer needed for the reason that it was requested, or as required by law. Ballpen Legal will retain your personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.
In the event that we are required by law to retain your personal information for a longer period, we will comply with such legal obligations. However, we will ensure that the retention of your personal information is limited to what is necessary and will take appropriate measures to protect the privacy and security of your personal information during the retention period.
Disclosure of personal information to third parties
We may disclose personal information to:
our employees, contractors and/or related entities;
third party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance of problem-solving providers, marketing or advertising providers, professional advisors and payment system operators;
our existing or potential agents or business partners;
sponsors or promoters of any competition we run;
anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of Australia; and
third parties to collect and process data, such as Google Analytics or other relevant businesses. This may include parties that store data outside of Australia.
By providing us with personal information, you consent to the disclosure of your information outside of Australia and acknowledge that we are not required to ensure that overseas recipients handle that personal information in compliance with Australian Privacy Act. You acknowledge that some overseas third parties may not be regulated by the Privacy Act and the Australian Privacy Principles in the Privacy Act and if any third party engages in any act or practice that contravenes the Australian Privacy Principles, it would not be accountable under the Privacy Act and you will not be able to seek redress under the Privacy Act.
Your rights and controlling your personal information
Choice and consent: Please read this Privacy Policy carefully. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of this Site or the products and/or services offered on or through it.
Restrict: If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.
Complaints: If you wish to make a complaint about how we have handled your personal information, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint.
Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.
Access: You may request details of the personal information that we hold about you. An administrative fee may be payable for the provision of such information.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.
Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.
Storage and security
We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
We cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.
Cookies and web beacons
We may use cookies on our Site from time to time. Cookies are text files placed in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our Site with personal information, this information may be linked to the data stored in the cookie.
We may use web beacons on our Site from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.
We may use Google Analytics to collect and process data. To find out how Google uses data when you use third party websites or application, please see www.google.com/policies/privacy/partners/ or any other URL Google may use from time to time.
Links to other websites
Our Site may contain links to other websites (Third Party Websites). We do not have any control over Third Party Websites and we are not responsible for the protection and privacy of any personal information that you provide whilst visiting them. Third Party Websites are not governed by this Privacy Policy, even if you followed a link from our website to the Third Party Website.
Amendments
We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our Site. We recommend you check our Site regularly to ensure you are aware of our current Privacy policy.
For any questions or notices, please contact our Privacy Officer at: erwin@ballpenlegal.com.au