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.
Compliance with legal obligations
What is Personal Information?
“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.
From whom do we collect Personal Information?
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;
- 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.
What kind of Personal Information do we collect and hold?
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.
Collection of Personal Information from 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.
Collection of your Personal Information
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.
Providing third party Personal Information to 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.
Social Media and public sources
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.
Information about users of our websites
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.
Why we collect Personal Information
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.
How we use your Personal Information
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.
Marketing and Consent
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.
Disclosure and use of your Personal Information within the IPH Group
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.
Disclosure and use of your Personal Information to and by third parties
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.
Other permitted disclosures
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.
Cross-border disclosure of your Personal Information
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 29.
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.
Third Party Websites
Personal Information that is no longer required
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).
If you wish to request that your Personal Information be destroyed or erased, please refer to section 27.
Accessing, updating or correcting your information
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.
Individuals are able to request access to their Personal Information or make a request that Personal Information be corrected and/or updated. 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.
To obtain details of this information, or if you wish us to update or correct your Personal Information, please refer to section 27.
Responding to your request and when we may not be able to meet your request
You can also contact us if you have any questions or complaints about, or if you wish to restrict or object to how we collect, use, disclose, manage or store your Personal Information. Where we are required by applicable law to provide further information about, or change the manner with respect to our use or disclosure of your Personal Information we will use reasonable endeavours to do so.
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.
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, such circumstances include when:
- the Personal Information is not retrievable;
- providing access or otherwise meeting your request is reasonably likely to pose a serious threat to the safety of an individual or the public;
- providing access or otherwise meeting your request is likely to impact unreasonably on the privacy of others;
- your request is frivolous or vexatious;
- providing access or otherwise meeting your request 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 or otherwise meeting your request would impact on any negotiations between you and us;
- providing access or otherwise meeting your request is unlawful (including being unlawful as directed by a court or tribunal order);
- providing access or otherwise meeting your request would likely have impact on actions being taken in relation to alleged unlawful activities or misconduct relating to our functions and activities;
- providing access or otherwise meeting your request would be likely to impact on any enforcement related activities conducted by any enforcement bodies; or
- granting access or otherwise meeting your request would reveal evaluative information in connection with a commercially sensitive decision making process.
European Union General Data Protection Regulation
This section 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 countries, even though you may be a citizen of an EU country.
For the purposes of this section 28, 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.
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;
- stored and processed securely to protect EU Personal Data against unlawful or unauthorized access and accidental loss, damage or disclosure in accordance with section 23.
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:
Further to section 22 above, by providing us with your EU Personal Data, you are consenting to the disclosure of your EU Personal Data to third parties outside of the EU. You also acknowledge that we are not required to ensure that those third parties comply with its obligation under the GDPR.
Our contact details are set out below:
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
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.