- What Personal Information do we collect and hold?
- How do we collect your Personal Information?
- How do we use your Personal Information?
- Who do we share your Personal Information with?
- Keeping your Personal Information safe
- Accessing, updating and correcting your Personal Information
- How do you make a privacy complaint?
- Contact details
- Appendix 1 – European Union General Data Protection Regulation
a) The IPH Group
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, 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.
b) Compliance with legal obligations
3. What Personal Information do we collect and hold?
“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 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
a) Sensitive Information
We do not generally collect “sensitive information” (such as information about ethnic origin, religious or political views, health information, tax file numbers etc.) in respect of website users, suppliers, business associates, clients and potential clients.
- 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.
b) Personal Information of Employees and Contractors
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.
4. How do we collect your Personal Information?
There are many ways in which we collect information from you.
We collect Personal Information directly from the individual concerned whenever reasonably practicable.
Sometimes, we collect Personal Information about you from a variety of other independent sources, including from publicly available sources (including social media), recruitment agencies, contractors, service providers and business partners. Where information is not obtained directly from the individual concerned, we obtain Personal Information in accordance with legal requirements.
The circumstances in which we may collect your Personal Information include, without limitation:
- when you have a face to face meeting with our staff and/or officers;
- when you attend our or third-party presentations, conferences or events;
- when you use our website or the website of a member of the IPH Group, including to request to receive a newsletter or other information from us;
- when you provide or offer to provide a product or service to us;
- when you obtain a product or service from us;
- when you communicate with us by e-mail, telephone or in writing;
- when you apply for employment or work experience with us or accept an offer of employment;
- when you enter into a contract with us;
- through share registries;
- from other members of the IPH Group (where permitted under this Policy);
- where you have consented to third parties sharing it with us, including our suppliers and providers of services and other business associates; and
- from publicly available sources, including newspapers and social media platforms such as LinkedIn, Facebook and Twitter.
b) Providing third party Personal Information to us
c) Remaining anonymous
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.
d) Information about users of our websites and cookies
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.
5. How do we use your Personal Information?
The primary purpose for which we collect, use and exchange your Personal Information is to establish your identity and to provide you with the products and services you have requested.
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 and products and services that may be of interest to you;
- sending regular news alerts (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; 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. We may also use your Personal Information if it is necessary to prevent or lessen a serious threat to public health or public safety or if the use of the information is necessary for law enforcement or for the conduct of proceedings before any court or tribunal.
b) Marketing and Consent
By supplying us with your Personal Information, you give us permission 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 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 news alerts and other correspondence may notify us at any time should they wish to discontinue receipt of emails and other communications from us.
- 6. Who do we share your Personal Information with?
7. Keeping your Personal Information safe
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.
In terms of system security, here are some of the things we do to protect your Personal Information:
- we store Personal Information in a variety of formats including on databases, in hard copy files and on personal devices, including laptop computers;
- we retain Personal Information in secure hard copy and electronic files;
- we use firewalls, standard software protection programs, password access protections and secure servers;
- we regularly review our security arrangements to ensure we are taking reasonable and technically feasible steps available at the time to protect your Personal Information; and
- we take reasonable steps to destroy, erase or permanently de-identify Personal Information as soon as practicable if it is no longer required by us (including being required for record keeping or legal purposes).
As you will appreciate, 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 10.
In the event of a data breach involving a loss of, unauthorised access to or misuse of your Personal Information, we will report such breach to you and any relevant authority as required by law.
b) Third party websites
8. Accessing, updating and correcting your Personal Information
We use reasonable endeavours to ensure that the Personal Information we collect, use and/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.
a) Making a request to access, update or correct your Personal Information
We will respond to your request, where required by law, within one (1) calendar month from the date your request is received. We will inform you if this timeframe is not achievable and extend this timeframe as permitted by applicable law.
We may charge a fee to cover the costs of meeting your request if your request is unfounded or excessive.
Unless we are required or permitted by law to refuse to do so, we will, on request, provide you with details of the Personal Information we have collected about you or update, correct and amend your Personal Information in accordance with your request. Where we are also required by applicable law to provide further information about the use or disclosure of your Personal Information we will do so upon your request.
If we do not agree to provide you with access to, or to amend or erase, your Personal Information as requested or otherwise meet your requests, 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.
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 or otherwise meet your requests with respect to your Personal Information, including when:
- your Personal Information is not retrievable;
- the request is frivolous or vexatious; or
- providing access or otherwise meeting your request:
- is reasonably likely to pose a serious threat to the safety of an individual or the public;
- is likely to impact unreasonably on the privacy of others;
- 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;
- would impact on any negotiations between you and us;
- is unlawful (including being unlawful as directed by a court or tribunal order);
- would likely impact on actions being taken in relation to alleged unlawful activities or misconduct relating to our functions and activities;
- would be likely to impact on any enforcement related activities conducted by any enforcement bodies; or
- would reveal evaluative information in connection with a commercially sensitive decision-making process.
9. How do you make a privacy complaint?
If you have a problem or complaint, please let us know. We will respond to a complaint as soon as possible and 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 (https://www.privacy.org.nz/your-rights/making-a-complaint/), or refer to your local privacy authority.
10. Contact Details
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
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
11. Appendix 1 – European Union General Data Protection Regulation (the “GDPR”)
This Appendix only applies to the collection and processing of “EU Personal Data”. “EU Personal Data” means any Personal Information of an individual who is located in the European Union (“EU”) (whether the individual is a citizen of an EU country or otherwise). This section will apply to you and the processing of your EU Personal Data if you are located in an EU country. This section does not apply with respect to your Personal Information if you are located outside of the EU, even though you may be a citizen of an EU country.
For the purposes of this Appendix, the term “process” has the meaning given to it under the GDPR and may include any operation or a series of operations performed on EU Personal Data, including collection, recording, organisation, structuring, storage, adaptation, retrieval, consultation, use, disclosure, by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
EU Personal Data that is collected by us may have been sourced directly from you, a third party (e.g. our European associates) or implied from your use of our services.
- GDPR Principles
Any EU Personal Data will be:
- processed lawfully, transparently and in a fair manner;
- collected in an adequate and relevant manner and limited to what is necessary in relation to the purposes for which the EU Personal Data is processed;
- Lawful bases for processing
We will only collect and process EU Personal Data where we have lawful bases. This may include where:
- you have given consent;
- the processing of EU Personal Data is necessary for the performance of a contract with you (such as to deliver the services you have requested or that have been requested on your behalf); and
We do not use automatic decision making, such as profiling, to make a decision that may produce a legal effect concerning a data subject of EU Personal Data.
- Rights of EU Personal Data subjects
- Restrictions and Objections: You may request that we limit our use of your EU Personal Data or processing by requesting that we no longer use your EU Personal Data or limit how we use your data, this may include where you believe it is not lawful for us to hold your EU Personal Data or instances where your EU Personal Data was provided for direct marketing purposes and now you no longer want us to contact you.
- Our responsibilities as a “data controller” and “data processor”
We may act as the “data controller”, the “data processor” or in some instances both the data collector and data processor simultaneously in relation to EU Personal Data.
We will be a data controller where we determine the purposes and means of the processing of EU Personal Data alone or jointly with others. To the extent we are a data controller with respect to EU Personal Data, we:
- only appoint processors under agreements that the processor will comply with the GDPR;
- will maintain a record of processing activities which are under our responsibility (where required by GDPR);
- cooperate with relevant authorities which enforce the GDPR;
If a third party discloses EU Personal Data to us for a specific purpose, we will be acting as a data processor in processing the EU Personal Data for that purpose. Where we act as a data processor, we will:
- only act on the controller’s documented instructions;
- impose confidentiality obligations on all personnel who process the EU Personal Data;
- not appoint sub-processors without the prior written consent of the controller;
- where applicable, assist the controller in complying with the rights of the data subjects of the EU Personal Data;
- maintain and keep accurate records of processing activities (where required by GDPR); and
- implement appropriate technical and organisation security measures to protect EU Personal Data and report any data breaches to controller without undue delay.
- Disclosure to third parties
If we are required to disclose your EU Personal Data to third parties, including data processors or sub-processors, we will notify the third party that it has an obligation to handle any EU Personal Data in accordance with the GDPR.
In the event we are responsible for a transfer of EU Personal Data outside of the EU, such transfer will be for the necessary and lawful performance of our services, including the establishment, exercise or defence of an IP or legal right.
- Express consent to transfer