Website policies

Disclaimer

Whilst this website has been prepared with all reasonable care and thought, no warranty is given as to the accuracy, currency or completeness of the information contained within it. The information contained on this website is general information only, it is not intended to be legal advice and must not be relied upon as legal advice. If you have a legal problem, you should seek legal advice.

Fitzroy Legal Service and their employees and volunteers accept no responsibility for any of the information contained in this website or for any action or omission taken in reliance upon it by any party.

Materials contained on this website may contain links to material on other websites. The links provided to other websites are done for convenience purposes only and Fitzroy Legal Service does not purport to sponsor, approve or endorse any of the links to external sites.

Fitzroy Legal Service makes no representations or warranties in relation to the quality, accuracy, completeness, merchantability or fitness for purpose of any website or any links to material on other websites.

Privacy Policy

Fitzroy Legal Service is committed to protecting your privacy, in accordance with applicable Australian privacy laws.

This policy is designed to give you a greater understanding of how we collect, use and disclose and otherwise handle personal information, and the steps we take to protect it. It does not cover our client confidentially obligations (which are set out in our terms of engagement).

What is personal information?

Personal information means information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.

Our obligations

We comply with the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth). The APPs regulate the manner in which personal information is handled throughout its life cycle, from collection to use and disclosure, storage, accessibility and disposal.

We are also required to comply with more specific privacy legislation in some circumstances, such as:

  • applicable State and Territory health privacy legislation (including the Victorian Health Records Act 2001) when we collect and handle health information in the relevant jurisdiction; and
  • the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth)

Employee records

We are generally exempt from the Privacy Act when we collect and handle employee records and this Privacy Policy does not apply to that information. However, where State or Territory health privacy legislation applies, we are still required to protect the privacy of employee health information. This Privacy Policy will apply in those circumstances.

What we collect

General

The type of personal information that we collect about you depends on the type of dealings you have with us. For example, if you:

  • are a client of Fitzroy Legal Service, we will collect your name, job title, address, contact details, information about our dealings with you, the legal areas that are of interest to you and information about the events and seminars that you have attended services we have provided you;
  • are involved in a matter that we are working on, we may collect your name, contact details and information about the relevant matter;
  • ask to be placed on one of our mailing lists, we will collect your name, address and contact details;
  • supply goods or services to us, we will collect your name, address, contact details and financial details for payment purposes;
  • send us an enquiry or provide us with feedback, we will collect your name, contact details and details of your enquiry or feedback;
  • apply for a job with us, we will collect the information you include in your job application, including your cover letter, resume, contact details and referee reports;
  • are involved in a dispute with our client, we will collect your name, address, contact details and relevant file numbers held by our client.

Sensitive Information

Sensitive information is a subset of personal information that is generally afforded a higher level of privacy protection. It includes health and genetic information and information about racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association or trade union, sexual preferences or practices, criminal record and some types of biometric information.

We only collect sensitive information where it is reasonably necessary for our functions or activities and either:

  • the individual has consented; or
  • we are required or authorised by or under law (including applicable privacy legislation) to do so.

For example, we may collect health information or other sensitive information in the course of providing our services (for example, when advising on injury or discrimination claims) and we may collect information about your professional memberships for client relationship purposes.

Site visit information

For example, we record your server address, the date and time of your visit, the pages you visited, any documents you downloaded, the previous site you visited and the type of device, browser and operating system you used.

We use and disclose this information in anonymous, aggregated form only for purposes including statistical analysis and to assist us to improve the functionality and usability of our website. You are not individually identified, however we reserve the right to use or disclose this information to try to locate an individual where we reasonably believe that the individual may have engaged in any unlawful or inappropriate activity in connection with our website, or where we are otherwise required or authorised by law to do so.

What if you don't provide us with your personal information?

The nature of the business carried on by Fitzroy Legal Service means that, generally, it is not possible for us to provide services to our clients anonymously. However, in some circumstances, we allow individuals the option of not identifying themselves, or of using a pseudonym, when dealing with us (for example, you can view our website and make general phone queries anonymously).

How we collect personal information

Methods of collection

In the course of providing legal services, we collect personal information in a number of ways, including:

  • in person (for example, at a meeting or function);
  • through one of our websites;
  • over the telephone (including through voice mail messages left on our telephone system);
  • through written correspondence (such as emails, letters and faxes);
  • on hard copy forms (for example, event feedback forms);
  • from third parties, including;
  • regulatory authorities; and/or
  • from public registers (for example, by conducting searches of the ASIC database or from other publicly available sources).

Why we collect personal information

The main purposes for which we collect, hold, use and disclose personal information are to:

  • provide our clients with legal services;
  • send you information if you are on one of our mailing lists;
  • obtain goods and services;
  • perform research and statistical analysis, including for customer satisfaction and service improvement purposes;
  • protect the security of our offices, staff, clients and the property held on our premises;
  • answer queries and resolve complaints; and
  • recruit staff and contractors.

We may also collect, hold, use and disclose personal information for other purposes explained at the time of collection or which are:

  • required or authorised by or under law (including, without limitation, privacy legislation); or
  • for which you have provided your consent.

Direct marketing

We may use your personal information to send you information about our products and services, including legal updates and invitations to seminars and functions and relevant products and services of third parties either where we have your express or implied consent, or where we are otherwise permitted by law to do so. We may contact you for these purposes in a variety of ways, including by mail, email, telephone or social media campaigns.

Opting out

Where you have consented to receiving these communications from us, that consent will remain current until you advise us otherwise. However, you can opt out at any time, by:

  • contacting us; or
  • using the unsubscribe facility that we include in our emails to opt out of receiving those messages.

Who we may share your personal information with

Fitzroy Legal Service does not gather ‘cookies’ or any information from site visitors.

Fitzroy Legal Service does not knowingly pass on, publish or disclose any identifying information regarding the network identities of machines visiting our website to any third party.

Fitzroy Legal Service does not use email addresses or any information contained in emails sent to our website for any purpose other than that for which the email and the information contained within the email was intended.

Fitzroy Legal Service does not maintain a mailing list, database or records of email traffic to this site other than subscriptions to the FLS e-newsletter. People who have subscribed to the FLS e-newsletter who no longer wish to subscribe can contact the organisation to be removed from this mailing list. Fitzroy Legal Service does not pass on, publish or disclose any email addresses from our e-newsletter database to any third party.

Fitzroy Legal Service welcomes feedback on any issue relevant to this site.

If you are a client of Fitzroy Legal Service we have obligations of confidentiality in relation to certain information under the Legal Profession Uniform Law Australia Solicitors Conduct Rules 2015 subject to those obligations we may share your personal information with third parties where appropriate for the following purposes, including:

  • financial institutions for payment processing;
  • barristers, experts or other relevant third parties in relation to your matter;
  • overseas law firms where required to seek advice on foreign laws;
  • external lawyers who we contract to assist us in providing legal services to you;
  • credit reporting bodies and credit providers;
  • government regulators (for example to update ASIC records or where required under anti-money laundering and counter-terrorism laws);
  • investigators;
  • referees whose details are provided to us by job applicants;
  • our contracted service providers, including: – business and litigation support service providers;
  • information and communication technology providers;
  • data storage and archive service providers;
  • printers and mail houses;
  • function and event organisers;
  • marketing and communications agencies;
  • research and statistical analysis providers;
  • delivery and shipping providers; and/or
  • business advisers (such as recruitment advisors, accountants, auditors and lawyers).

In each case, we may disclose personal information to the service provider and the service provider may in turn provide us with personal information collected from you in the course of providing the relevant products or services.

Data quality and security

General

We hold personal information in a number of ways, including in hard copy documents, electronic databases, email contact lists, and in paper files held in drawers and cabinets. Paper files may also be archived in boxes and stored offsite in secure facilities. We take reasonable steps to:

  • make sure that the personal information that we collect, use and disclose is accurate, up to date and complete and (in the case of use and disclosure) relevant;
  • protect the personal information that we hold from misuse, interference and loss and from unauthorised access, modification or disclosure; and
  • destroy or permanently de-identify personal information that is no longer needed for any purpose that is permitted by the APPs.

You can help us keep your information up to date, by letting us know about any changes to your details, such as your address, email address or phone number.

Security

The steps we take to secure the personal information we hold include website protection measures (such as firewalls and anti-virus software), security restrictions on access to our computer systems (such as login and password protection), controlled access to our corporate premises, policies on document storage and security, personnel security, staff training and workplace policies.

Online credit card payment security

We do not store credit card or financial details of customers who purchase items thorough our online Bookshop.

Credit card details that are entered into our store are received directly by our payment provider (eWAY).

All transactions processed by us meet industry security standards to ensure payment details are protected.

Website security

While we strive to protect the personal information and privacy of users of our websites, we cannot guarantee the security of any information that you disclose online and you disclose that information at your own risk. If you are concerned about sending your information over the internet, you can contact us by telephone or post.

Access and Correction

General

Please contact us if you would like to access or correct the personal information that we hold about you. We may require you to verify your identity before processing any access or correction requests, to make sure that the personal information we hold is properly protected.

Access

We will generally provide you with access to your personal information, subject to some exceptions permitted by law. We will also generally provide access in the manner that you have requested (eg by providing photocopies or allowing a file to be viewed), provided it is reasonable and practicable for us to do so. We may however charge a fee to cover our reasonable costs of locating the information and providing it to you.

Correction

If you ask us to correct personal information that we hold about you, or if we are satisfied that the personal information we hold is inaccurate, out of date, incomplete, irrelevant or misleading, we will take reasonable steps to correct that information to ensure that, having regard to the purpose for which it is held, the information is accurate, up-to-date, complete, relevant and not misleading.

Timeframe for access and correction requests

Except in the case of more complicated requests, we will endeavour to respond to access and correction requests within 30 days.

Complaints

If you have a complaint about how we have collected or handled your personal information, please contact us, we will endeavour in the first instance to deal with your complaint and take any steps necessary to resolve the matter within a month.

If your complaint can't be resolved at the first instance, we will ask you to complete a Privacy Complaint Form, which asks you to explain the circumstances of the matter that you are complaining about, how you believe your privacy has been interfered with and how you believe your complaint should be resolved.

Complaints process

We will endeavour to acknowledge receipt of the Privacy Complaint Form within 14 business days of receiving it and to complete our investigation into your complaint in a timely manner. This may include, for example, gathering the relevant facts, locating and reviewing relevant documents and speaking to relevant individuals.

In most cases, we expect that complaints will be investigated and a response provided within 30 days of receipt of the Privacy Complaint Form. If the matter is more complex and our investigation may take longer, we will write and let you know.

If you are not satisfied with our response, you can refer your complaint to the Office of the Australian Information Commissioner or, in some instances, other regulatory bodies, such as the Victorian Health Services Commissioner or the Australian Communications and Media Authority.

Our contact details

To correct your information, ask for it to be removed from our database, ask a question or make a complaint, please contact our Executive Officer, Claudia Fatone, at enquiries@fitzroy-legal.org.au.

Mail: PO Box 297 Fitzroy 3065

Email: enquiries@fitzroy-legal.org.au.

Telephone: 03 9419 3744

Further general information about privacy is available on the website of the Office of the Australian Information Commissioner at www.oaic.gov.au or by calling the OAIC's enquiry line at 1300 363 992.

Changes to this Policy

We may amend this Privacy Policy from time to time. A current version will be posted on our website.

Delivery Policy

If you purchase an item from our store, you will receive an invoice and payment confirmation, normally within a few minutes. We use Australia Post Parcel Post to deliver items. Items to be delivered within Australia should be received within 3-5 working days. Items to be delivered overseas should be received within 14-28 days. If items are unavailable, delivery will take a little longer; we will notify you if this occurs.

We are not responsible for any delay due to Australia Post and are not responsible for their time frames or methods of delivery or damage which they cause.

If you wish to query a delivery, please contact us at publications@fitzroy-legal.org.au.

Cancellation Policy

You may cancel all or part of your order, provided you contact us before we have dispatched the items.

Order cancellation must be made in writing and must include a copy of your invoice. It must be dated and signed by the customer and either posted, faxed or emailed to:

  • Executive Officer, Claudia Fatone, at enquiries@fitzroy-legal.org.au.
  • Publications Accounts
    • Mail: PO Box 297 Fitzroy 3065
    • Email: enquiries@fitzroy-legal.org.au. publications@fitzroy-legal.org.au
    • Telephone: 03 9419 3744

Refund, Exchange & Returns Policy

We are not responsible for damage in travel. However if we send you faulty goods, then contact us at publications@fitzroy-legal.org.au immediately for an exchange or replacement.