- Compliance with legal obligations
- What is Personal Information?
- From whom do we collect Personal Information?
- What kind of Personal Information do we collect and hold?
- Sensitive Information
- Collection of Personal Information from Employees and Contractors
- Collection of your Personal Information
- Providing third party Personal Information to us
- Remaining anonymous
- Social Media and public sources
- Information about users of our websites
- Why we collect Personal Information
- How we use your Personal Information
- Marketing and Consent
- Disclosure and use of your Personal Information within the IPH Group
- Disclosure and use of your Personal Information to and by third parties
- Other permitted disclosures
- Cross-border disclosure of your Personal Information
- Security and accuracy
- Third party websites
- Personal Information that is no longer required
- Accessing and updating your information
- When we will not provide you with access to Personal Information
- Contact Details
IPH Limited (ABN 49 169 015 838) is the holding company for a number of intellectual property professional services firms operating under different brands (each an “IPH Service Firm”) and certain adjacent businesses. Certain IPH Service Firms also offer their services in some countries in collaboration with and with assistance by allied professional services firms with which they have exclusive contractual arrangements (each an “Alliance Firm”). The entities comprising the IPH Service Firms, Alliance Firms and the IPH adjacent businesses are in this Policy referred to together as members of the “IPH Group”.
Spruson & Ferguson Pty Ltd, Spruson & Ferguson Lawyers Pty Ltd, Spruson & Ferguson (Asia) Pte Ltd, Fisher Adams Kelly Pty Ltd, Cullens Pty Ltd, Spruson & Ferguson (Hong Kong) Limited, Spruson & Ferguson Limited (Thailand),PT Spruson & Ferguson Indonesia and their subsidiaries (“Spruson & Ferguson”) and their related bodies corporate (as those terms are defined in Corporations Act 2001 (Cth)) are members of the IPH Group.
Any IPH Group member operating in a country is bound to comply with applicable privacy legislation in that country. In Australia this includes the Australian Privacy Principles and the Australian Privacy Act 1988 (Cth) relating to Personal Information and in New Zealand, the New Zealand Privacy Act 1993 and the information privacy principles set out in that Act.
“Personal Information” is information or an opinion, whether true or not, and whether recorded in a material form or not, about an individual, or about an individual who is reasonably identifiable.
In the course of operating our business we may collect Personal Information from:
- web users;
- persons who seek products or services from us;
- clients (which may include our business associates) and their personnel;
- share registries;
- other members of the IPH Group (where permitted under this Policy);
- suppliers and providers of services to us and other business associates, including without limitation contractors and potential contractors; and
- employees, potential employees and work experience persons.
In the course of our relationship with you, we are likely to collect a wide range of Personal Information about you. The type of Personal Information that we may collect will depend on our relationship with you, and the circumstances of collection. In general, the Personal Information we collect about you may include (but is not limited to):
- your first and last names;
- your date and place of birth;
- your phone number, facsimile number, residential address and email address;
- bank account details and credit / debit card details;
- any information or comments provided by you;
- any facts or opinions that are connected to an enquiry regarding your Personal Information that we are conducting on behalf of you or your organisation;
- reference details of you or your organisation related to the services we provide to you; and
In the course of offering or providing services to you, we may also collect copies of identification documents for example driver’s licences, birth certificates and /or passports you have provided to us.
In respect of website users, suppliers, business associates, clients and potential clients, we do not generally collect “sensitive information” (such as information about ethnic origin, religious or political views, health information, tax file numbers etc.).
- we have the consent of the individuals to whom the sensitive information relates; or
- the collection is necessary to lessen or prevent a serious threat to life, health or safety; or
- the information is required for another legal reason provided for under applicable privacy legislation, including in Australia the Privacy Act 1988 (Cth)) or other applicable legislation
In respect of current and potential employees, contractors and work experience persons we may collect additional personal information including, but not limited to, personal resumes, third party references, bank details, superannuation details, tax file numbers, certain health information, emergency contact details and other employee or contractor records. We may also conduct criminal checks on individuals who commence employment or have a contracting arrangement with us. The results of such checks are held on our employee or contractor files for the duration of the employment, engagement or service, and after such relationship ceases, as needed.
How we collect Personal Information will largely depend upon whose information we are collecting. We collect Personal Information directly from the individual concerned whenever reasonably practicable. We may also collect Personal Information about you from a variety of other independent sources, including from publicly available sources, recruitment agencies, contractors and business partners. Where information is not obtained directly from the individual concerned, we obtain Personal Information in accordance with legal requirements. We may collect your Personal Information in a range of circumstances including, without limitation, when you deal with us in the following manner:
- have a face to face meeting with our staff and/or officers;
- attend our presentations;
- attend conferences or events;
- e-mail us or execute a “contact form” to obtain a brochure containing more information about our services;
- request to receive a newsletter or other information from us;
- use the website of a member of the IPH Group;
- provide a product or service to us;
- obtain a product or service from us;
- complete a survey or questionnaire;
- communicate with us by e-mail, telephone or in writing (for example if you contact us to seek information, make a complaint or provide feedback);
- apply for work experience with us;
- apply for employment with us;
- accept an offer of employment; or
- enter into a contract with us.
You have the option of remaining anonymous when dealing with us in relation to a particular matter, or not disclosing Personal Information to us. However, this may mean that we will not be able to provide our services or respond to you in light of the nature of our business.
There may also be occasions when we collect Personal Information (to the extent it is available) from publicly available sources, including newspapers and social media platforms such as LinkedIn, Facebook and Twitter. Sometimes, we may provide content and services on a range of platforms (including social media networks) with interactive features to which you may contribute. If you post your Personal Information in publicly accessible places or social media platforms, your Personal Information will become publicly available (subject to, where applicable, any privacy settings you have in place in social media platforms). We will not be responsible for the protection of Personal Information you choose to publish this way.
Our Internet Service Providers record certain statistical information about users of our websites. This information is reviewed by us for statistical purposes and is not disclosed to third parties. We do not identify you or your browsing activities except, in the event of an investigation, where a law enforcement agency may exercise a warrant or other such power to inspect the internet service provider’s server logs.
We may state a more specific purpose at the point we collect your information. If you do not provide us with the information that we request, we may not be able to provide you with our products or services.
In certain circumstances we may need to collect personal and sensitive information in order to comply with our legal obligations, such as anti-money laundering and counter-terrorism financing laws, for example, in Australia under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and in New Zealand the Financing of Terrorism Act 2009. If you do not provide us with the information we request, we will not be able to provide you with our products or services.
Our uses of Personal Information include but are not limited to:
- establishing your identity;
- communicating with you, including by email, mail or telephone;
- managing our relationship with you;
- advising you in relation to intellectual property, legal and related matters;
- filing, prosecuting and maintaining applications for statutory protection of intellectual property including patent, design, trade mark and domain name applications and registrations in Australia, New Zealand and overseas and engaging third parties to do so;
- conducting patent and trade mark opposition proceedings before the patent and trade mark offices and regulators in Australia, New Zealand and other jurisdictions;
- providing other professional services including advice with respect to litigation, dispute resolution services, appeals, commercial and regulatory legal advice, and intellectual property watches and searches;
- providing you with updates, offers or proposals in relation to your matters, products and services that may be of interest to you;
- sending regular newsletters (and other correspondence) concerning developments in the field of intellectual property and other areas that may be of interest to you;
- sending regular newsletters (and other correspondence) concerning developments in the field of intellectual property and other areas that may be of interest to you;
- sending marketing and promotional material that we believe may interest you;
- for purposes necessary or incidental to the provision of goods and services to you;
- inviting you to events and functions;
- personalising and customising your experiences;
- managing and enhancing our products and services;
- investigating complaints made by you;
- to comply with legal requirements; and
- in the case of employees and contractors:
- to pay your wages, fees and employee & contractor entitlements;
- conduct criminal checks and confirm your immigration status and right to work; and
- to manage your relationship with us.
We may also use your Personal Information for purposes required or authorised by applicable laws or regulations, such as to prevent or investigate alleged crime or fraud.
By supplying us with your Personal Information, you give us permission to use your Personal Information and to disclose your Personal Information to members of the IPH Group and organisations that carry out functions (including marketing functions) on our behalf, or assist us to deliver our services, such as our business associates, contractors, agents or service providers, so that we can assess your likely needs, and contact you from time to time.
We may contact you to inform you about laws and developments in the field of intellectual property and other products, services, events and resources we think would be of particular interest to you. The permission you provide to us is not limited in time. You can however elect to opt out of receiving correspondence and other marketing materials from us by:
- by utilising an ‘unsubscribe’ facility on a communication we send to you.
If you contact us and opt out of receiving further communications from us we will take steps to ensure you do not receive any such further information from us in future. Recipients of our newsletters and other correspondence may notify us at any time should they wish to discontinue receipt of emails and other communications from us.
Personal Information is disclosed and used by us to enable us to provide services to you and for the other purposes identified above.
All disclosure of information by us is subject to compliance with all legal requirements including but not limited to, for Australia and New Zealand, the Code of Conduct for Patent and Trade Marks Attorneys 2018 issued by the Trans Tasman Intellectual Property Advisory Board, other applicable legislation governing the conduct of our attorneys and professionals in other jurisdictions in which we conduct our businesses, and other IPH Limited group information sharing and conflicts of interest policies.
For the avoidance of doubt, whilst we may receive and disclose Personal Information from or to other members of the IPH Group, each IPH Service Firm (and where applicable its related Alliance Firm) maintains separate case management systems and no case related information is shared with another IPH Service Firm, except where such IPH Service Firm is formally engaged to provide professional IP services for the client, including as a foreign associate.
We may also be required to disclose Personal Information to certain third parties that may include:
- governmental offices (such as IP Australia, the Intellectual Property Office of New Zealand, the Intellectual Property Office of Singapore and the IP offices of other jurisdictions);
- courts (such as the courts of Australia, New Zealand and other jurisdictions);
- government and law enforcement agencies and regulators;
- your agents, professional advisors, auditors or insurers;
- our financial, taxation or legal advisors;
- agents and associates in foreign countries;
- entities that assist or conduct mail outs on our behalf;
- debt collection companies;
- our clients (where information has been provided to us by someone other than our client);
- a purchaser or successor entity in connection with the sale of our business, a subsidiary of our business, or substantially all of its assets; and
- entities established to help identify illegal activities and prevent fraud.
We do not disclose Personal Information to third parties for the purpose of third party direct marketing.
We disclose Personal Information to third parties (such as agents and associates in foreign countries) when we are instructed to do so by our clients in relation to their matters in order to provide our services, or as may be required by law. You agree that, subject to any additional obligations under applicable laws, third parties who receive Personal Information from us may use and disclose the Personal Information subject to their respective privacy policies and laws applicable to them.
We may also release your Personal Information under the following circumstances:
- when you have consented;
- when you would reasonably expect us to use or disclose your Personal Information in a certain way;
- when authorised or required to do so by a court or under applicable laws or regulations (for example, a subpoena), or where requested by a government agency;
- where we consider a company or an individual may be engaged in fraudulent activity or other deceptive practices of which a governmental agency should be made aware;
- to appropriate persons, where your communication suggests possible harm to yourself or others; or
- when disclosure is reasonably necessary for a law enforcement related activity.
We may disclose your Personal Information off-shore for various reasons, such as for the purposes of:
- obtaining foreign legal or other intellectual property professional services in such countries;
- obtaining foreign intellectual property protection in such countries; or
- for administrative and other purposes within the IPH Group of companies to facilitate the conduct of our businesses.
The type of foreign entities to which we may disclosure your Personal Information include:
- members of the IPH Group located in various countries, including in Australia, New Zealand, Singapore, Malaysia,Indonesia, Thailand, Hong Kong and China and any other jurisdictions in which we may operate in the future;
- our associates, agents or other legal or professional service provider firms in foreign countries;
- government bodies and other entities that administer intellectual property in overseas jurisdictions; and
- our service providers located overseas, which may include technology and internet service providers, data storage providers and digital mail providers who send communications on our behalf.
You agree and acknowledge that the overseas recipients will be subject to the privacy law of their local jurisdiction. The overseas privacy laws are likely to be different to (if we are located within Australia) the Privacy Act 1988 (Cth) and the Australian Privacy Principles, (if we are located within New Zealand) the Privacy Act 1993 and information privacy principles, or other applicable personal data protection legislation in the jurisdiction in which we operate, and you may not be able to seek redress in the overseas jurisdiction in relation to breaches of your privacy.
You acknowledge and agree to such international data and information transfers with respect to Personal Information of the nature described in this section 22.
For our Australian businesses, clause 8.1 of the Australian Privacy Principles contained in Schedule 1 of the Privacy Act 1988 (Cth) provides that if we disclose Personal Information about an individual to an overseas recipient, then we must take such steps as are reasonable in the circumstances to ensure the overseas recipient does not breach the Australian Privacy Principles in relation to such information. An exception to this is if we obtain your consent. We intend to rely on this exception in the following way. Unless you notify us in writing to the contrary, you will be taken to have consented to the disclosure by us of Personal Information to overseas recipients on the basis that:
- clause 8.1 of the Australian Privacy Principles will not apply to such disclosure;
- the individual whose Personal Information is disclosed will not be able to seek redress under the Privacy Act 1988 (Cth);
- the overseas recipient may not be subject to any privacy obligations or to any principles similar to the Australian Privacy Principles;
- the individual may not be able to seek redress in the overseas jurisdiction; and
- the overseas recipient is subject to a foreign law that could compel the disclosure of Personal Information to a third party, such as an overseas authority.
Similar provisions may exist under other personal information protection legislation in jurisdictions other than Australia in which members of the IPH Group are located. If such provisions are applicable to a member of the IPH Group holding your personal information, you acknowledge and consent to such cross-border disclosure on the basis outlined above (substituting references to the standards and remedies available under the applicable personal information protection legislation in the relevant entities’ jurisdiction).
We make every effort to ensure Personal Information is kept secure and take reasonable steps to protect it from misuse, loss, interference, unauthorised access, modification or disclosure. Some of the measures implemented by us to secure Personal Information include using firewalls, standard software protection programs, password access protections and secure servers.
We regularly review these arrangements to ensure we are taking reasonable and technically feasible steps available at the time to protect your Personal Information.
However, since no system is 100% secure or error-free, we cannot guarantee that your Personal Information is totally protected, for example, from hackers, interference or misappropriation. You acknowledge that the security of online transactions and the security of communications sent by electronic means or by post cannot be guaranteed. You provide information to us via the internet or by post at your own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, your Personal Information where the security of information is not within our control.
If you suspect any misuse or loss of, or unauthorised access to, your Personal Information, please contact us immediately using the contact details set out in section 28. In the event of a data breach involving a loss of your Personal Information, we will report such breach to you and any relevant authority as required by law.
We take reasonable steps to destroy or permanently de-identify Personal Information as soon as practicable if it is no longer required by us including for record keeping or legal purposes.
We use reasonable endeavours to ensure that the Personal Information we collect, use or disclose is accurate, complete and up-to-date. We request that you keep the information we hold about you as current as possible by advising us of any changes or inaccuracies to your Personal Information in the manner outlined below so that we may continue to improve our service to you.
We will respond to a request for access to your Personal Information within a reasonable period after the request is made, and give you access to your Personal Information we hold in the manner requested by you, unless we are required or permitted by law to refuse to do so, if it is reasonable and practicable to do so. We may charge a fee to cover the costs of meeting your request. Where we are also required by applicable law to provide further information about use or disclosure of your personal information we will use reasonable endeavours to do so.
If we do not agree to provide you with access to, or to amend, your Personal Information as requested, we will notify you accordingly. Where appropriate, we will provide you with the reason(s) for our decision and the mechanisms available to complain about the refusal. If the rejection relates to a request to change your Personal Information you may make a statement about the requested change and we will attach this to your record.
We will update your Personal Information within a reasonable time and, generally, no later than 30 days following your request. We will inform you if this timeframe is not achievable.
In some circumstances, and subject always to legal obligations to the contrary, we may not be in a position to grant access to your Personal Information, such circumstances include when:
- the Personal Information is not retrievable;
- providing access is reasonably likely to pose a serious threat to the safety of an individual or the public;
- providing access is likely to impact unreasonably on the privacy of others;
- the request for access is frivolous or vexatious;
- providing access would reveal information which relates to existing or anticipated legal proceedings between you and us, which information would not be accessible by the process of discovery in those proceedings;
- providing access would impact on any negotiations between you and us;
- providing access is unlawful (including being unlawful as directed by a court or tribunal order);
- providing access would likely have impact on actions being taken in relation to alleged unlawful activities or misconduct relating to our functions and activities;
- providing access would be likely to impact on any enforcement related activities conducted by any enforcement bodies; or
- granting access would reveal evaluative information in connection with a commercially sensitive decision making process.
If you would like to update or correct your Personal Information, seek access to Personal Information we hold about you, or if you have any questions or complaints about how we collect, use, disclose, manage or store your Personal Information, you can contact us at:
SPRUSON & FERGUSON
Contact Person: Privacy Officer
Spruson & Ferguson Pty Limited and Spruson & Ferguson Lawyers Pty Ltd
Address: Level 24, Tower 2, Darling Park, 201 Sussex Street, Sydney, NSW 2000, Australia
Mail to: GPO Box 3898 Sydney NSW 2001 Australia
Telephone: +61 2 9393 0100
Facsimile: +61 2 9261 5486
Fisher Adams Kelly Pty Ltd
Address: Level 6, 175 Eagle Street, Brisbane, QLD 4000, Australia
Telephone: +61 7 3011 2200
Facsimile: +61 7 3221 0597
Cullens Pty Ltd
Address: Level 32, 239 George Street, Brisbane, QLD 4000, Australia
Telephone: +61 7 3011 5555
Facsimile: +61 7 3229 3384
Address: 152 Beach Road #37-05/06 Gateway East, Singapore 189721
Telephone: +65 6333 7200
Facsimile: +65 6333 7222
Address: 5001 Hopewell Centre, 183 Queen’s Road East, Wan Chai, Hong Kong
Telephone: +852 2161 9999
Facsimile: +852 2810 0933
Address: 1108, Block A, Chengjian Plaza, 18 Beitaipingzhuang Road, Haidian District, Beijing, 100088 People Republic of China (PRC)
Telephone: +86 10 8225 5655
Facsimile: +86 10 8225 5199
Address: A-32-3A, Level 32, Menara UOA Bangsar, No. 5 Jalan Bangsar Utama 1, 59000 Kuala Lumpur, Malaysia
Telephone: +60 3 2283 1668
Facsimile: +60 3 2283 2668
Address: Graha Paramita, 3B Floor, Zone D, Jl. Denpasar Raya Blok D2 Kav.8, Kuningan, Jakarta 12940, Indonesia
Telephone: +62 21 252 3853
Address: Nos. 496-502 Amarin Plaza Building, Unit Nos. 1806-1807, 18th Floor, Ploenchit Road, Lumpini Sub-District, Pathumwan District, Bangkok 10330 Thailand
Telephone: +66 2 256 9164
Facsimile: +66 2 256 9162
Company: IPH Limited ABN 49 169 015 838
Contact Person: Privacy Officer
Postal Address: Level 24 Tower 2, Darling Park, 201 Sussex Street, Sydney NSW 2000 Australia
Telephone: +61 2 9393 0301
Facsimile: +61 2 9261 5486
If you have a problem or complaint, please let us know. We will respond to a complaint as soon as possible, but within 10 working days to let you know who is responsible for managing your complaint. We will also try to resolve the complaint within 10 working days. When this is not possible, we will contact you within that time to let you know how long it will take to resolve the complaint. If you believe that we have not adequately dealt with your complaint, you may complain to, where we are located in Australia, the Australian Information Commissioner (http://www.oaic.gov.au/) or, where we are located in New Zealand, the New Zealand Privacy Commissioner (http://www.privacy.org.nz/your-rights/how-to-complain), or refer to your local privacy authority.