Privacy Policy

 

Prisma Legal is committed to protecting your privacy and handling personal information responsibly and transparently.

We manage personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs), together with our other applicable legal, professional and confidentiality obligations.

This Privacy Policy explains how we collect, hold, use and disclose personal information, including sensitive information, and how you can access or correct your information or raise a privacy concern.

Types of personal information

During our interactions with you, in providing legal services or through your use of our website and digital services, we may collect personal information that is reasonably necessary for our functions and activities.

Depending on the nature of our relationship with you, the personal information we collect may include:

• your name, date of birth and contact details;
• employment, professional, company, industry and business information;
• identification information;
• financial, banking, credit and transaction information;
• information concerning your legal, personal or commercial affairs;
• correspondence and communications with us; and
• other information reasonably necessary for us to provide our services, respond to an enquiry or conduct our business.

In some circumstances, we may also collect sensitive information where it is relevant to the legal services we provide or our dealings with you. We will collect sensitive information with your consent where required by law or where collection is otherwise permitted by law.

We seek to limit the personal information we collect to what is reasonably necessary for the relevant purpose.

How we collect personal information

We may collect personal information directly from you when you:

• provide us with instructions or engage us to provide legal services;
• seek advice or make an enquiry;
• communicate with us;
• visit or interact with our website;
• attend an event or seminar;
• subscribe to receive information from us; or
• otherwise interact with Prisma Legal.

We may also collect personal information from third parties where reasonably necessary or permitted by law, including from your advisers, representatives, employers, referrers, counterparties, service providers, government agencies, courts, registers, publicly available sources and other persons or organisations involved in a matter.

When you access our website, certain technical information may be collected automatically. This may include your IP address, browser and device information, pages viewed, referring website, date and time of access, approximate location and information collected through cookies and similar technologies.

Where lawful and practicable, you may interact with us anonymously or using a pseudonym. However, in many circumstances it will not be practicable for us to provide legal services without knowing your identity, including because of our professional, conflict-checking, identification and regulatory obligations.

Collection of information through our website

When you visit our website, we may collect information about how you access and use it. This may include device and browser information, IP address, approximate location, pages viewed, referral information and interactions with website functionality.

We may use cookies, analytics tools, pixels and similar technologies to operate and secure our website, understand how it is used, improve functionality and user experience and, where appropriate, measure the effectiveness of our communications and marketing.

Some of these technologies may be provided by third parties and may enable information about your use of our website to be collected by or disclosed to those providers.

We take reasonable steps to ensure that tracking technologies used on our website are appropriate to their purpose and configured to minimise unnecessary collection of personal information.

Where required or appropriate, we will provide choices about the use of non-essential cookies and tracking technologies. You may also be able to manage cookies through your browser settings.

Artificial intelligence and technology

Prisma Legal uses technology, including artificial intelligence and automated tools, where we consider it appropriate to support the efficient and effective delivery of our services and the operation of our practice.

Where personal information is used in connection with artificial intelligence or other technology-enabled tools, we take reasonable steps to ensure that its use is appropriate, secure and consistent with our privacy, confidentiality and professional obligations.

We do not knowingly use confidential client information or personal information to train publicly available artificial intelligence models.

Where we use third-party technology or artificial intelligence providers in connection with our work, we consider the nature of the information involved, the purpose for which the technology is being used and the privacy, confidentiality and security arrangements applicable to that provider.

Technology supports our work. Professional judgement and responsibility remain with our lawyers.

If we use automated systems to make, or substantially assist in making, decisions about individuals in circumstances requiring disclosure under applicable privacy law, we will provide the information required by law about that use.

How we hold and protect your personal information

We are committed to protecting the personal and sensitive information we hold from misuse, interference, loss and unauthorised access, modification or disclosure.

We use a combination of physical, technological and organisational safeguards appropriate to the nature of the information we hold.

Personal information is generally stored electronically in systems operated by us or by service providers we engage. We may also retain information in physical form where required by the nature of a matter or by law.

No method of electronic transmission or storage is completely secure. While we take reasonable steps to protect information in our possession or control, we cannot guarantee absolute security.

We retain personal information for as long as reasonably necessary for the purposes for which it was collected, to meet our professional, record-keeping and legal obligations and for legitimate business purposes. When information is no longer required to be retained, we take reasonable steps to destroy or de-identify it in accordance with applicable requirements.

Data breaches

If we become aware of a suspected data breach involving personal information, we will assess and respond to it in accordance with our legal and professional obligations.

Where a data breach is likely to result in serious harm and the requirements of the Notifiable Data Breaches scheme are met, we will notify affected individuals and the Office of the Australian Information Commissioner (OAIC) as required by law.

How we use your information

We may use personal information for purposes including:

• providing legal and related professional services;
• communicating with you and responding to enquiries;
• establishing, administering and managing our relationship with you;
• undertaking conflict checks and satisfying our professional, regulatory and legal obligations;
• billing, payment and administrative purposes;
• managing and improving our business, systems, website and services;
• maintaining security and preventing fraud or misuse;
• conducting analysis and service improvement;
• inviting you to events and providing publications, legal updates, insights and other communications; and
• other purposes disclosed to you at the time of collection or otherwise permitted or required by law.

We will only use or disclose sensitive information for the purpose for which it was collected, a directly related secondary purpose where permitted, with your consent or as otherwise permitted or required by law.

Direct marketing

Where permitted by law, we may use your contact information to send you legal updates, insights, invitations and information about Prisma Legal and services that we consider may be relevant to you.

We may communicate with you by email, telephone or other electronic means in accordance with applicable law.

You can opt out of marketing communications at any time by using the unsubscribe function in an electronic communication or contacting us. We will take reasonable steps to respect your marketing preferences.

Disclosure of your information

We may disclose personal information where reasonably necessary for the purposes for which it was collected, where you have consented, or where disclosure is otherwise permitted or required by law.

Depending on the circumstances, recipients may include:

• barristers, experts, consultants and other professional advisers;
• counterparties and their advisers;
• courts, tribunals, regulators and government agencies;
• banks, payment processors and financial institutions;
• technology, document management, cloud, communications and other service providers;
• providers supporting our accounting, administration, marketing and business operations;
• related entities and persons providing services to us;
• persons you authorise us to deal with;
• law enforcement or other authorities where disclosure is required or permitted by law; and
• other persons where disclosure is reasonably necessary to provide our services or protect the rights, safety or wellbeing of a person and is permitted by law.

Where third-party providers handle information on our behalf, we take reasonable steps appropriate to the circumstances to protect the confidentiality and security of that information.

Anti Money Laundering and Counter Terrorism financing compliance

We may collect, verify, use, retain and disclose personal information where required or permitted to comply with our legal obligations under applicable anti-money laundering and counter-terrorism financing laws.

This may include information required to:

• identify and verify clients, representatives, beneficial owners and other relevant persons;
• understand the nature and purpose of a business relationship or transaction;
• assess and manage money laundering, terrorism financing and proliferation financing risks;
• conduct sanctions and politically exposed person screening;
• establish or verify source of funds or source of wealth;
• undertake initial and ongoing customer due diligence, monitoring, reporting and record-keeping; and
• otherwise comply with our legal and regulatory obligations.

We may collect this information from you or from third parties, including identity verification providers, government and regulatory sources, public registers and other reliable sources.

We may disclose information to AUSTRAC, government, regulatory or law enforcement authorities, and to service providers assisting us with AML/CTF compliance, where required or permitted by law.

If we are unable to obtain or verify information required to satisfy our obligations, we may be unable to commence or continue providing particular services.

Disclosure of your information overseas

Some of the service providers and technology platforms we use may operate, store or process information in Australia and overseas.

Where we disclose personal information to an overseas recipient, we will handle that disclosure in accordance with the Privacy Act and the APPs, including APP 8 where it applies.

Where Prisma Legal is likely to disclose personal information to overseas recipients, we will identify the countries in which those recipients are likely to be located where it is practicable to do so. These countries may include the United States.

We may use providers whose infrastructure operates across multiple jurisdictions. The location in which information is stored or routed does not necessarily constitute a disclosure of personal information to an overseas recipient for the purposes of the Privacy Act.

No obligation to provide your personal information

You are not generally required to provide us with personal information.

However, if you choose not to provide information that we reasonably require, we may not be able to respond to your enquiry, accept instructions, provide legal services or otherwise deal with you as requested.

How you may access your information

You may request access to personal information we hold about you by contacting our Privacy Officer:

Fotini Kypraios
Email: fotini@prismalegal.com.au

We may need to verify your identity before providing access to ensure information is disclosed to the appropriate person.

We will respond to requests for access within a reasonable period.

In some circumstances, the Privacy Act or another legal or professional obligation may permit or require us to refuse access. If we refuse access, we will generally explain the reasons for doing so and the mechanisms available to you to challenge that decision, unless it would be unreasonable or unlawful to provide those reasons.

We may charge a reasonable fee for giving access where permitted, but we will not charge you for making an access request.

Quality and correction of personal information

We take reasonable steps to ensure that personal information we hold is accurate, up to date, complete, relevant and not misleading having regard to the purposes for which it is held.

If you believe information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us and we will take reasonable steps to correct it where appropriate.

We encourage you to let us know when your details change.

If you cease to use our services, we may retain your personal information where necessary to comply with our professional, legal and record-keeping obligations.

Your information online

The internet is not an inherently secure environment. While we take reasonable precautions to protect information transmitted to and held by us, information transmitted electronically may be subject to risks outside our control.

If you communicate with us electronically, you acknowledge the inherent risks associated with electronic communications.

We take reasonable steps to protect personal information within our possession or control and to destroy or de-identify information when we are no longer required or permitted to retain it.

Contacting us and complaints

If you have a question about this Privacy Policy, wish to request access to or correction of your personal information, or wish to make a complaint about how we have handled your personal information, please contact our Privacy Officer:

Fotini Kypraios
Email: fotini@prismalegal.com.au

We will acknowledge and consider privacy complaints promptly and will work with you to try to resolve your concerns within a reasonable period.

If you are not satisfied with our response, you may be entitled to make a complaint to the Office of the Australian Information Commissioner.

Information about privacy complaints and the OAIC is available from the OAIC website or by calling 1300 363 992.

Changes to this Privacy Policy

We may update this Privacy Policy from time to time to reflect changes to our practices, technology, services or legal obligations.

The current version will be published on our website and will identify the date on which it was last updated.

Where a change is material, we may take additional steps to bring the change to the attention of affected individuals where appropriate.